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State v. Helmenstein

North Dakota Supreme Court
163 N.W.2d 85 (1968)


Facts

Helmenstein (defendant) and several friends were driving in a car when one of them suggested that they break into a store in a nearby city. Two others expressed their desire to get certain items at the store. Once they arrived at the store, Helmenstein and two others broke in and stole several items. As they left, the entire group agreed on a story to tell authorities in case they were caught. Helmenstein was charged with burglary. At trial, five members of the group testified against Helmenstein. The store owner was the only other witness. He testified that his store had been robbed and that $130 worth of merchandise was missing. The court found Helmenstein guilty.

Rule of Law

Issue

Holding and Reasoning (Strutz, J.)

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