Hogan was charged with two counts of burglary of a dwelling after he was found living in an unoccupied residence owned by someone else. At trial, Hogan testified that someone he had met at a chapel, Ted Hanson, gave him permission to stay in the house. But he did not know where Hanson was. The prosecution argued that Hanson was a figment of Hogan's imagination. Hogan was found guilty and sentenced to eight years in prison. On appeal, the Fourth District Court reversed on grounds that the prosecutor's comments may have led the jury to believe that Hogan had the burden of proving his own innocence.