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State v. Bowen

Supreme Court of Kansas

942 P.2d 7 (1997)

Relevant factsFree

Travis W. Bowen (defendant), high on methamphetamine, broke into the Whites' home one cold December night to warm himself up. Family members alerted police, who arrived to find Bowen holding two knives; he testified he had them out for self-protection, though an officer testified Bowen admitted opening one knife before entering the house. Bowen was convicted of aggravated burglary, methamphetamine possession, and marijuana possession; the aggravated-burglary conviction rested on the jury's finding that he entered intending to commit either felony drug possession or aggravated assault inside. Bowen appealed the aggravated-burglary conviction, arguing there was insufficient evidence he intended to commit a felony inside the house.

IssueFree

Whether aggravated burglary requires the defendant to possess a specific intent to commit the underlying felony at the moment of unauthorized entry.

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