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State v. Formella

Supreme Court of New Hampshire

960 A.2d 722 (2008)

Relevant factsFree

Paul Formella (defendant), a high school student, agreed with friends to act as lookouts while another group of students stole exam questions from the school. Formella and his friends went to their lockers to keep watch but, feeling uneasy, decided instead to wait on the first floor rather than serve as lookouts; the groups later met up and shared the stolen exam. Formella was charged and convicted of theft as an accomplice. He appealed, arguing the trial court should have determined when the crime ended and when he withdrew.

IssueFree

Whether an accomplice's withdrawal from a crime requires an overt act that communicates his disapproval to the principal.

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