Court: |
Supreme Court of Wisconsin |
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Facts: |
John Bowden entered a home in the middle of the night via a side
window, which he pried open. He was detected and detained by
various family members, and was armed with a garden trowel.
He repeatedly explained that he needed to get to Milwaukee,
but his approach to solving that problem seemed unorthodox. |
|
Posture: |
Convicted of burglary with intent to steal. Initial appeal reversed,
apparently on the basis that the trial court made an erroneous
finding of fact. |
|
Issue: |
Whether it was possible for the trier, acting reasonably, to have
been convinced of the elements of the charges beyond reasonable
doubt. |
|
Holding: |
The reversal is reversed (i.e., the conviction is reinstated). |
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Rule: |
The question on appeal is not whether the appellate court is convinced. |
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Reasoning: |
Numerous points of fact support the original conclusion, in spite of the
whole "I'm headed to Milwaukee" thesis. And the berserk claim that
intent to commit sexual assault was a defense against burglary. |
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Dicta: |
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