Hayden v. State
| Decision Date | 23 July 1975 |
| Docket Number | No. 7799,7799 |
| Citation | 91 Nev. 474,538 P.2d 583 |
| Parties | Lawrence Franklin HAYDEN, Appellant, v. The STATE of Nevada, Respondent. |
| Court | Nevada Supreme Court |
Lawrence Franklin Hayden was convicted of robbing two Las Vegas Motels and is now incarcerated, under concurrent five year sentences, in the Nevada State Prison.
In asking us to reverse, his central contention is that the convictions cannot stand because there was no proof that he used a gun or other weapon or that either of the crimes were perpetrated via the use of '. . . violence or fear of injury,' as contemplated by N.R.S. 200.380. The contention is without merit.
Mrs. Strum, co-owner and manager of Travelodge Motel, testified that Hayden came into the motel office about midnight, October 13, 1973, stated he was desperate and said: 'I want your money.' She gave Hayden the money from the cash drawer, noting she could only see one of his hands; that she was scared and afraid of what might happen; and, that she did not know whether she was going to be tied up or killed.
Mrs. Ard, working alone as the desk clerk at the Downtowner Motel, testified that she was very frightened and gave Hayden money after he came into the office about 3:25 a.m., October 16, 1973, and said he had to rob her. She said: 'You must be kidding.' Hayden replied: 'No, lady, I'm not kidding . . . Don't try anything funny.'
1. 'Robbery is a felonious and violent taking away from the person of another, goods or money to any value, putting him in fear.' 1 Hawkins' Pleas of the Crown 212 (8th Ed. 1824). This definition was carried forward in IV Cooley's Blackstone 1404 (4th Ed. 1899), and recognized by this court in State v. Luhano, 31 Nev. 278, 284, 102 P. 260, 262 (1909), wherein we said: 1
2. Hayden also complains for the first time on appeal, about some of the prosecutor's remarks during jury argument.
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State v. Moore, 79,807.
...of danger and induce [another] to part with his property for the safety of his person, it is robbery." Hayden v. State, 91 Nev. 474, 476, 538 P.2d 583, 584 (1975). Certainly, the appearance of a strange man in a ski mask demanding money could cause a reasonable clerk to fear for her safety ......
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Cutler v. State
...closing argument. Failure to object to remarks at the time they are made precludes their consideration on appeal. Hayden v. State, 91 Nev. 474, 538 P.2d 583 (1975); Bonnenfant v. State, 86 Nev. 393, 469 P.2d 401 (1970); Cook v. State, 77 Nev. 83, 359 P.2d 483 Appellant argues that his couns......
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Garcia v. State
...an accurate statement of the law. We agree and conclude that the district court did not abuse its discretion. See Hayden v. State, 91 Nev. 474, 476, 538 P.2d 583, 584 (1975) (approving of similar definition of “robbery”). The district court also found that jury instruction no. 5, when read ......
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Williams v. State
...Nev. 683, 685, 572 P.2d 542, 543 (1977) (defining the "force or fear" element of robbery as an objective inquiry); Hayden v. State, 91 Nev. 474, 476, 538 P.2d 583, 584 (1975) (noting that a "threatening word or gesture" may satisfy the force or fear element of robbery). Thus, the district c......