State v. Stasio
New Jersey Supreme Court
396 A.2d 1129 (1979)
- Written by Sarah Holley, JD
Facts
Thomas Stasio (defendant) had been drinking at a bar he frequented. Stasio approached the bar and demanded that the bartender hand him $80 from the cash register. When the bartender refused, Stasio threatened him and went behind the bar, demanding again that he hand him $80. The bartender persisted in his refusal, and Stasio in turn pulled out a knife. The bartender, with the help of other patrons, grabbed hold of Stasio and pushed him against the bar, and Stasio then dropped the knife. Police arrived on the scene shortly thereafter and arrested Stasio. Although Stasio had been drinking, by all witness accounts, neither his speech nor his mannerisms indicated drunkenness. Stasio was charged and convicted of assault with intent to rob. The trial court refused Stasio’s defense that he had been so intoxicated that he was incapable of forming the intent to rob, stating that “voluntary intoxication was not a defense to any act by the defendant in this matter.” Stasio appealed.
Rule of Law
Issue
Holding and Reasoning (Schreiber, J.)
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