State v. Collins

This case presents the question whether the element of "entering or remaining unlawfully" in our first degree burglary statute, RCW 9A.52.020, is satisfied where the accused receives an invitation to the premises which is not expressly qualified as to area or purpose, and commits a crime while on the premises. We hold that, on a case by case basis, an implied limitation on the scope of an invitation or license may be recognized. We find such a limitation in the subject case. We reverse.

Facts

On March 13, 1985, John F. Collins appeared at the door of Charlotte Dungey, 72. Mrs. Dungey's…