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State v. Byam

Citations: 474 N.W.2d 688; 239 Neb. 186; 1991 Neb. LEXIS 329Docket: 90-691

Court: Nebraska Supreme Court; September 27, 1991; Nebraska; State Supreme Court

Narrative Opinion Summary

William R. Byam was convicted of robbery under Neb.Rev.Stat. § 28-324 after he entered a fast-food restaurant while intoxicated and threatened to detonate a bomb if he did not receive money. Witnesses, including a manager and a customer, testified that Byam's actions and statements instilled fear, causing the customer to retreat and the manager to comply with his demands. Byam claimed no recollection of the events due to his alcohol consumption and argued that the absence of a weapon invalidated the fear element necessary for a robbery conviction. The Nebraska Supreme Court affirmed the conviction, emphasizing that the assessment of evidence sufficiency is within the purview of the jury, and that Byam's threats were sufficient to instill fear in the manager, regardless of whether a weapon was displayed.

Legal Issues Addressed

Intoxication as a Defense in Criminal Cases

Application: Byam's argument that his intoxication negated his recollection of the events was not sufficient to overturn the conviction, as the court focused on the actions and their impact rather than the defendant's memory.

Reasoning: Byam claimed no recollection of the events due to his alcohol consumption and argued that the absence of a weapon invalidated the fear element necessary for a robbery conviction.

Robbery and the Element of Fear

Application: The Nebraska Supreme Court held that the element of fear necessary for a robbery conviction can be established through threats alone, without the need for a weapon to be displayed.

Reasoning: Byam's threats were sufficient to instill fear in the manager, regardless of whether a weapon was displayed.

Sufficiency of Evidence in Criminal Convictions

Application: The court affirmed that it is within the jury's purview to assess the sufficiency of the evidence in determining a conviction for robbery.

Reasoning: The assessment of evidence sufficiency is within the purview of the jury.