State v. Bowen

Facts

During the early morning hours of December 7, 1994, Layne and Ruth White were asleep in a second-floor bedroom of their rural home. They were awakened by a loud impact sound on the side of the house, which was followed by the sound of footsteps on the first floor. Mr. White's parents live about 1 1/2 miles away. Pursuant to a sort of mutual protection agreement, the parents were called and requested to seek help. Layne White had his wife take their young child and hide in a closet. Meanwhile, the senior Whites arrived and illuminated the house with their headlights. Reno County Sheriff's officers then arrived. Bowen (D) was found on the first floor of the residence on his knees beside a wood stove. He had a knife in each hand. He told officers he had placed a pressure-activated bomb in the home's basement beams. D put down the pocket knife but refused to push it out of his reach. The long butcher knife was held and moved in a threatening manner toward the officers. It took approximately 30 minutes to disarm and arrest D. Marijuana and methamphetamine were found on D. Defendant testified that he was on methamphetamine at all pertinent times and that he kicked the door into White's home because he had been walking to his friend's house and it was cold, and he went to the kitchen to get a knife better suited 'to protect myself if need be.' Officer Flynn testified that defendant told him after his arrest that he had opened the pocket knife before entering the residence. D's possession of methamphetamine was wholly incidental to his entry of the Whites' home. The drug was on D's person but played no role in his decision to enter the residence by force or otherwise or in his decision as to what he intended to do after entering. D was convicted of aggravated burglary, possession of methamphetamine and possession of marijuana. D appealed the conviction for aggravated burglary. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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