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State v. Formella

Supreme Court of New Hampshire
960 A.2d 722 (N.H. 2008)



Paul Formella (defendant) was a student at Hanover High School. He and his friends were studying after school at a nearby library. After studying for a couple hours, they went back to the school to pick up books from their lockers. Upon arriving, they found another group of students who were about to steal the questions for an exam. They requested that Formella and his friends serve as lookouts, to which Formella and his friends agreed. Formella and his friends went to their second-floor lockers while the other group went to steal the exam on the third floor. Once Formella and his friends arrived at their lockers they looked around to make sure no one was around. But after getting their books, they felt that what they were doing was wrong and decided to wait for the group on the first floor. On their way down, they ran into a janitor, who told them they should leave the building. The two groups eventually met in the parking lot and shared the exam questions. A week later, someone told the dean of students that the exam questions had been stolen. The dean questioned Formella and Formella confessed to participating in the theft. Formella was charged and convicted of theft as an accomplice. On appeal, Formella argued that the trial court erred by failing to find when the crime was concluded and when he withdrew, because these findings were necessary to determine whether Formella was an accomplice.

Rule of Law


Holding and Reasoning (Galway, J.)

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