State v. Childress

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 off the train to find shelter from the elements. Defendant and his friend sought shelter and assistance from people but were unsuccessful.…