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State v. Helmenstein

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


Facts

Virgil Helmenstein (defendant) and several friends were driving in a car when one of them suggested that they break into a store in a nearby town. One person in the car said she wanted to get bananas, and another person also wanted to get items that could be obtained 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, other members of the group testified against Helmenstein. The store owner was the only other witness. The owner testified that his store had been robbed and that $130 worth of merchandise was missing, but his testimony did not connect Helmenstein to the burglary. The trial court convicted Helmenstein. Helmenstein appealed his conviction and the trial court's denial of his request for a new trial.

Rule of Law

Issue

Holding and Reasoning (Strutz, J.)

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