State v. Bowden

1980

Court: Supreme Court of Wisconsin

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).

Rule: The question on appeal is not whether the appellate court is convinced.

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.

Dicta: