State v. Keys

The defendant was convicted of two separate burglaries not in a dwelling house and appeals from each judgment. Since the same issues are raised on each appeal, they have been consolidated.

The evidence in each case discloses that the defendant with others entered pay telephone booths in Pendleton, Oregon, broke open the coin boxes attached to the telephones, and removed the money therefrom.

The defendant’s principal contention is that, “since the telephone booths which defendant broke into were open to the public 24 hours a day” there was no unlawful entry as required to constitute the crime of…