STATE v. CHILDRESS

No. 66411.

901 S.W.2d 321 (1995)

STATE of Missouri, Respondent, v. Maurio CHILDRESS, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

June 27, 1995.


Attorney(s) appearing for the Case

Barbara Hoppe, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for respondent.


WHITE, Judge.

Defendant appeals from the judgment entered on his conviction of burglary in the first degree. We reverse and remand.

On February 16, 1994, defendant was homeless after being laid off from his job in St. Louis. Defendant and a homeless friend "hopped" a train bound for Chicago, Illinois to seek shelter with friends. The two men rode 116 miles on the train's open platform and became cold. As the train stopped in Hannibal on a bridge, they got...

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