Edge v. State

647 P.2d 557, 1982 Wyo. LEXIS 350
CourtWyoming Supreme Court
DecidedJune 17, 1982
Docket5631
StatusPublished
Cited by6 cases

This text of 647 P.2d 557 (Edge v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edge v. State, 647 P.2d 557, 1982 Wyo. LEXIS 350 (Wyo. 1982).

Opinions

ROONEY, Justice.

Appellants-defendants, Dewey Lee Edge and Terry Lee Bobich, were tried together before a jury and found guilty of aggravated assault in violation of § 6-4-506, W.S. 1977,1 and kidnapping in violation of § 6-4-201, W.S.1977.2 Appellants word the issue [558]*558on appeal from the judgment and sentence as follows:

“Whether the trial court erred in denying Appellants’ motion for judgment of acquittal since the evidence adduced at trial was insufficient to sustain a conviction of either charge pending against Appellants.”

We affirm.

We recently set out the standard used by this court in reviewing the denial of a motion for judgment of acquittal.

“In reviewing the denial of a motion for judgment of acquittal, we examine and accept as true the evidence of the prosecution together with all logical and reasonable inferences to be drawn therefrom, [citations] leaving out entirely the evidence of the defendant in conflict therewith [citations].
“A motion for judgment of acquittal is to be granted only when the evidence is such that a reasonable juror must have a reasonable doubt as to the existence of any of the essential elements of the crime. Or, stated another way, if there is substantial evidence to sustain a conviction of the crime, the motion should not be granted. [Citations.] This standard applies whether the supporting evidence is direct or circumstantial. [Citations.]” Leppek v. State, Wyo., 636 P.2d 1117, 1119 (1981).

Viewed by this standard, the evidence is as follows:

On the afternoon of August 7, 1981, a Wyoming Highway Patrolman was given the description of an automobile which had been used in a recent armed robbery. A short time later, he observed an automobile matching this description traveling east on Interstate 90, and followed it. A radio inquiry concerning the license number resulted in advice that the automobile was stolen. Appellants were in it.

When the patrolmen attempted to stop the automobile, a high speed chase ensued. After running through a roadblock, a tire on appellants’ automobile went flat. They, then, abandoned the automobile and ran to a nearby trailer park where they entered a trailer belonging to Herman Carrier. Edge was carrying a butcher knife. Mr. Carrier, who was 74 years old and had difficulty walking, was in the trailer watching television when appellants entered. One of the appellants picked up another knife from Mr. Carrier’s kitchen table. Appellants then took Mr. Carrier to the back bedroom of his trailer where they held him for two and one-half hours.

Appellants barricaded themselves in this back bedroom, placing mattresses over the windows. They negotiated with the police through a window of this back bedroom, demanding prescription drugs (Quaaludes), the presence of the President of the United States, the Governor, the Buffalo Police Chief, Johnson County Sheriff and reporters. They threatened several times to kill Carrier unless their demands were met. At the insistence of the police, they permitted Carrier to talk to the police on one occasion. He then said he had not been harmed but requested the police to do as appellants asked or they would kill him. Finally, appellants demanded television coverage of their surrender. The police agreed to videotape the surrender.3 They then surrendered, and Mr. Carrier was released unharmed.

AGGRAVATED ASSAULT

We recently set out the elements of assault with a deadly weapon in Brightwell v. State, Wyo., 631 P.2d 1048, 1050 (1981).

[559]*559“ * * * [T]he elements of the crime of assault with a deadly weapon in Wyoming are now the unlawful attempt with unlawful intent (maliciously) to commit a violent injury (attempted battery) upon the person of another, with the use of a deadly weapon in that attempt and the apparent ability to accomplish that injury.”

Appellants contend that the evidence presented in this case is insufficient on three of these elements: “the attempted battery, the apparent ability to injure, and — as to Appellant Bobich — the use of a deadly weapon.”

In Brightwell, supra, we discussed the actions of Miss Brightwell which constituted an attempted battery and contrasted those actions with the actions of Miss Harper, a co-defendant who was acquitted of aggravated assault.4 The victim, Miss Brightwell and Miss Harper were in the cab of the victim’s pickup at the time of the incident. The victim was driving, Miss Brightwell was sitting next to the victim and Miss Harper was sitting next to the door on the passenger side. We said there at page 1050:

“As further support for this conclusion, it is easy to see why Ms. Brightwell committed an assault with a deadly weapon and why Ms. Harper did not. Ms. Harper may have been holding a knife at the time of the incident, but she never pointed it in Mr. Emerson’s direction nor threatened him with it. In juxtaposition to this is Brightwell’s conduct. She not only had her arm around Emerson’s neck and pointed a knife at him, but also threatened him by stating ‘I mean business.’ Clearly she attempted a battery upon him.”

Accepting as true the evidence of the prosecution together with all logical and reasonable references to be drawn therefrom and viewing that evidence in light of our discussion of attempted battery in Brightwell, supra, we find that the evidence of attempted battery in this case is sufficient.

Carrier testified that he saw a butcher knife in the hands of one of the appellants when they entered his trailer and that they took another butcher knife off the table in the trailer. He said that they “taked me to move in the back room.” They kept him in the back room with them during the negotiations. Carrier asked the police to do as appellants asked or they would kill him. Appellants told the police several times that they would kill him if the demands were not met.

As in Brightwell, the knives in the hands of appellants were deadly weapons. Appellants had the “apparent ability” to commit violent injury on Mr. Carrier, a 74-year-old man who had trouble walking and who they “taked * * * to move in the back room” with them and held there. As in Bright-well, the intent to commit violent injury upon Mr. Carrier can be “inferred from the conduct of * * * [appellants] and from circumstantial evidence.” Appellants threatened to kill him. They “taked” him with them into the small room which they barricaded against police action. Again, as in Brightwell, the attempted battery requirement was present. There was no attempt to use the knife (as in Brightwell). Appellant was not physically" injured (as in Brightwell). Mr. Carrier was in a small room with appellants, unable to walk very well, at age 74, and able to avoid injury only if the police acceded to the conditions imposed by appellants. In Brightwell, we said:

“ * * * She [Brightwell] indicated that he could avoid injury from use of the knife only on condition that he comply with her directions. * * * ” (Emphasis in original.) 631 P.2d at 1050.

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Related

Patterson v. State
2008 WY 33 (Wyoming Supreme Court, 2008)
Black v. State
2002 WY 72 (Wyoming Supreme Court, 2002)
Darrow v. State
824 P.2d 1269 (Wyoming Supreme Court, 1992)
Weathers v. State
652 P.2d 970 (Wyoming Supreme Court, 1982)
Edge v. State
647 P.2d 557 (Wyoming Supreme Court, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
647 P.2d 557, 1982 Wyo. LEXIS 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edge-v-state-wyo-1982.