Sunday, November 17, 2013

State v. Bowen case brief

State v. Bowen case brief summary
942 P.2d 7 (1997)


CASE SYNOPSIS
Defendant appealed a decision from the Reno District Court (Kansas), which convicted him of aggravated burglary under Kan. Stat. Ann. § 21-3716.

CASE FACTS
Defendant broke into the victims' home and awakened them with the sound of his entry. The victims called their parents, who arrived with police and confronted defendant, who told officers that he had placed a bomb in the house. Defendant had been on methamphetamine the entire time and claimed that he had armed himself with knives in order to protect himself should anyone confront him while he slept in the victims' home. Defendant was convicted of aggravated burglary, possession of methamphetamine, and possession of marijuana.

DISCUSSION

  • On appeal from his burglary conviction, the court held that the burglary conviction was proper because the evidence showed that defendant entered the victims' home armed and with the intent to injure anyone who approached him, which constituted aggravated assault, and that the insufficiency of the evidence to support a conviction based on possession of methamphetamine did not require reversal.

CONCLUSION
The court affirmed the decision of the trial court.

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