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State v. Hoselton

Supreme Court of Appeals of West Virginia
371 S.E.2d 366 (1988)

State v. Hoselton


Hoselton (defendant) was charged with entering without breaking, with the intent to commit larceny. Hoselton had been standing on a barge while several of his friends entered a storage unit at the other end of the barge. Hoselton was unaware that his friends intended to steal items from the storage unit until he walked closer and saw his friends removing the goods. He then walked to their car and waited until his friends returned with the stolen items. Hoselton neither helped his friends place the items in the car, nor received any of the items. At trial, the State (plaintiff) asked Hoselton whether he was a lookout for his friends. Hoselton replied, “You could say that,” and stated that he just did not want to be present during the commission of the crime. Hoselton was convicted as a principal in the first degree. Hoselton appeals, arguing that there is insufficient evidence to support his conviction.

Rule of Law


Holding and Reasoning (Per curiam)

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