[Download] "State Nebraska v. Richard W. Willett" by Supreme Court of Nebraska # Book PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Richard W. Willett
- Author : Supreme Court of Nebraska
- Release Date : January 25, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Richard W. Willett was charged with threatening ""to commit a crime of violence with the intent to terrorize [his wife] Jill Lee Willett by stating he was going to kill her,"" that is, a violation of Neb. Rev. Stat. § 28-311.01 (Cum. Supp. 1988), which provides: ""(1) A person commits terroristic threats if he or she threatens to commit any crime of violence: (a) With the intent to terrorize another; (b) With the intent of causing the evacuation of a building, place of assembly, or facility of public transportation . . . ."" ""Terroristic threats,"" described in § 28-311.01(1), is a Class IV felony, see § 28-311.01(2), which has no minimum prescribed penalty, but which is punishable by a maximum sentence of 5 years, a $10,000 fine, or both such imprisonment and fine. See Neb. Rev. Stat. § 28-105(1) (Reissue 1985). A jury found Willett guilty of the charge. On September 22, 1988, the district court for Richardson County sentenced Willett to imprisonment for 5 years. Willett appeals, contending that (1) his conviction is void because his conduct does not come within the purview of § 28-311.01; (2) the evidence is insufficient to sustain his conviction; and (3) the sentence imposed is excessive. Starting at 11 a.m. on February 21, 1988, Richard Willett, who was cutting wood with a friend, began drinking alcoholic beverages. By 5 p.m. that day, Willett had consumed in excess of 12 cans of beer and an unidentified quantity of other alcoholic beverage. Sometime in the evening of February 21, Jill Willett, assuming and fearing that her husband would return home drunk and commence a quarrel, decided to go to her mother's (Betty Lee's) house and took her 8-year-old daughter, Megan Lee, and her 6-month-old son, William Lee Willett, with her.