State v. Harrington

DOWD, Judge.

This is a direct appeal from David Harrington’s (hereinafter defendant) conviction and $1,000 fine for second degree burglary in violation of § 569.170 RSMo 1986. Defendant contends the evidence was insufficient for the jury to find police had consent to enter a relative’s home in order to question him about a burglary. Even if police had consent, defendant maintains he never voluntarily submitted to questioning. Thus, his subsequent confession to the burglary was not only coerced but tainted by an illegal arrest and should have been excluded as fruit of the poisonous tree. We…