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RAMIREZ v. STATE

No. 08-85-00193-CR.

711 S.W.2d 408 (1986)

Rosendo Guzman RAMIREZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

June 4, 1986.

Attorney(s) appearing for the Case

Enrique Ramirez, El Paso, for appellant.

Steve W. Simmons, Dist. Atty., El Paso, for appellee.

Before STEPHEN F. PRESLAR, C.J., and OSBORN and SCHULTE, JJ.

OPINION

OSBORN, Justice.

Can one who hitchhikes a ride on a freight train thereby commit theft of a service? The answer is "no," and Appellant's conviction must be reversed.

Rosendo Guzman Ramirez and three other illegal aliens, i.e., undocumented workers, were picked up by railroad security officers on a Houston-bound freight train at a rail yard in El Paso. The officers found a trailer on a flat-rail car in the early morning hours with a door open...

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