Sanchez v. People

Opinion by

Mr. Chief Justice Sutton.

Sanchez was convicted of, and sentenced for, burglary of an outside telephone booth which was located about twenty-five feet from a filling station. He admitted that he was caught in the act of prying the cover off the coin box in the booth. His principal assignment of error is that the trial court should have granted his motion for a directed verdict in that he contends a telephone booth is not a building within the meaning of our statute on burglary (C.R.S. ’53, 40-3-6) as amended in 1957.

Historically, burglary was the common law crime of breaking and…