## Facts

- Stowell was a long-time Rock Island railway freight conductor.
- The railroad issued Stowell a “switch key” that opened switches and depot/freight-room doors on his division, including the Genoa freight warehouse.
- The employer imposed no special restrictions on the key’s use; Stowell had authority to enter the warehouse for lawful railroad purposes.
- Stowell used the key to enter the Genoa warehouse and took two parcels: a carton of meat (about $3) and an automobile battery (about $7).
- He was arrested inside the warehouse.
- Stowell was charged by information with burglary “with force,” convicted by a jury, and sentenced to three to seven years’ imprisonment.

## Issues

1. Whether entry into an employer’s warehouse using an employer-issued key, where the employee has a general right to enter for lawful purposes, satisfies the “breaking” or “force” element of burglary when the employee enters intending to steal.

## Decision

- The Colorado Supreme Court reversed the conviction and set aside the sentence.
- The court held the evidence was insufficient to prove burglary “with force” because the entry was made with a key lawfully furnished by the owner-employer and accompanied by a lawful right of entry for proper purposes.
- The prosecution could not convert an authorized, key-based entry into a “breaking” or “forcible” entry solely by showing felonious intent.

## Legal Principles

- Burglary statutes requiring a “breaking” or “force” are strictly construed; the state must prove the statutory breaking/force element as defined by law.
- Entry made under a lawful right of ingress (including use of an owner-issued key within the scope of an employee’s authorized access) does not constitute the “breaking” or “force” required for burglary, even if the entrant intends to commit theft.
- When the prosecution’s proof establishes the defendant’s authorized access, it cannot rely on the same entry as the unlawful breaking element absent evidence of an actual unauthorized or forcible breach.

## Conclusion

Because Stowell entered using an employer-issued key and the evidence established he had a lawful right to enter the warehouse for proper purposes, the state failed to prove the “force” or “breaking” element required for burglary “with force,” requiring reversal of the conviction.


Stowell v. People, 104 Colo. 255, 90 P.2d 520 (Colo. 1939)