Nature of the Case
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Facts
A neighbor observed two young men, allegedly D and one Richard Burhoe, standing together on the O'Connors' front porch. The men were ringing the doorbell and conversing with one another. Because they remained on the porch for approximately ten minutes, the neighbor became suspicious and began to watch them more closely. She saw them walk around to the side of the house, where Burhoe allegedly attempted to break into a basement window. D allegedly stood by and watched his companion, talking to him intermittently while the companion tried to pry open the window. The neighbor notified the police, who apprehended D and Burhoe as they were fleeing the scene. D was indicted for accomplice liability 'with the purpose of promoting and facilitating the commission of the offense of attempted burglary, did purposely aid Richard Burhoe . . . by accompanying him to the location of said crime and watching as the said Richard Burhoe [attempted to commit the crime of burglary] . . . .' D filed a motion to dismiss, claiming that the indictment failed to allege criminal conduct on his part. The motion was denied and D was found guilty. D appealed the sufficiency of his indictment.
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