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State v. Stasio | 396 A.2d 1129 (1979)
Generally, voluntary intoxication isn’t a defense to a crime, but if a crime requires a specific state of mind, intoxication might constitute a defense. Determining when this exception applies can be confusing, and the rules vary by jurisdiction. The New Jersey Supreme Court considered the defense of voluntary intoxication in State versus Stasio.
One morning in October, Thomas Stasio and his friend went to a bar to play pool and drink alcohol. Although Stasio left the bar later that afternoon, he returned around 5:40 P.M. Stasio approached the bar and demanded that the bartender give him money. When the bartender refused, Stasio threatened him, went behind the bar, pulled out a knife, and again insisted that the bartender give him money.
With the help of other patrons, the bartender disarmed Stasio. Police arrived and arrested Stasio. Although Stasio had been drinking, by all witness accounts, neither his speech nor his mannerisms indicated drunkenness.
Stasio was charged with assault with intent to rob and assault while being armed with a dangerous knife. During an early conference in chambers, Stasio advised the court that his defense was that his intoxication rendered him incapable of forming the requisite intent to rob. The trial court stated that it wouldn’t admit evidence related to that defense. Due to this decision, Stasio elected not to take the stand. The jury convicted Stasio on both counts.
The court of appeals found that the trial court erred by not allowing Stasio to present evidence regarding intoxication, reversed the convictions, and ordered a new trial. The New Jersey Supreme Court granted the state’s petition for cert.
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