People v. Hopkins

Defendant was convicted, after bench trial, of burglarizing a railroad car. Evidence was insufficient to prove Defendant guilty of that offense. Evidence showed that two men were seen reaching into and taking boxes out of (but not entering into) an intermodal container, which was being transported on a train, while the train was parked. Theft from an intermodal container is not the burglary of a railroad car even where, as here, that container is bolted onto the railroad car.  (CUNNINGHAM and HARRIS, concurring.)