State v. Hoselton
Supreme Court of Appeals of West Virginia
371 S.E.2d 366 (1988)
Relevant factsFree
Hoselton (defendant) stood on a barge while his friends entered a storage unit at the other end, unaware they intended to steal until he walked closer and saw them removing goods. He then went and waited at their car until his friends returned with the stolen items, never helping load the car or receiving any goods himself. At trial, Hoselton admitted he could be considered a lookout but said he simply didn't want to be present for the crime; he was convicted as a principal in the first degree and appealed.
IssueFree
Whether a defendant is a principal in the second degree if he does not participate in a crime while sharing the same criminal intent as the principal in the first degree.