State v. Helmenstein

163 N.W.2d 85 (1968)

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Nature of the Case

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Facts

Two groups of young people had been driving around and eventually met at a park. Someone in one of the groups had obtained some beer, and this was passed around, and all of them drank some of it. After a while, they all decided to get into one of the automobiles and ride around. They got into D's car. A short time later, someone suggested that they drive to another town and break into a store. A girl said she wanted some bananas. Someone else expressed a desire for other articles which could be secured at the store. They parked the car some distance from the store, and three of the party, including the D, went to the store, broke in, and returned with beer, cigarettes, candy, and bananas. On the way, back home all the parties agreed on what story they would tell the officers of the law if any of them should be questioned. They divided the loot and separated. Five of the young people who had been in the party testified for the State (P) against D. The only witness other than those who were in the party on the night of the burglary was Harold Henke, the owner of the store that had been burglarized. He found that the store had been entered during the night and that approximately $130 worth of merchandise had been taken. That testimony did not connect D with the offense. D was found guilty. It also found that Glen Zahn, who was one of the group was not an accomplice because he had taken no active part in the commission of the burglary and that he had fallen asleep after the party had reached Hannover and that he was under the influence at the time of the commission of the crime. D's motion for new trial was denied. D appealed.