State v. Formella

158 N.H. 114, 960 A.2d 722 (2008)

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Nature of the Case

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Facts

D, a junior at Hanover High School, and two friends, were studying at the Howe Library near the school. D and his friends returned to the school to retrieve some books from their second-floor lockers. Upon entering the school, they encountered another group of students who said they intended to steal mathematics exams from the third floor. D and his companions were asked to serve as lookouts during the theft, which they agreed to do. D and his friends then proceeded to their second-floor lockers. On their way to their lockers, they looked around to 'confirm or dispel' whether anyone was there. D and his friends had retrieved their books and all felt like this was the wrong thing to do, and decided to head back down to the first floor to wait for the other group. They encountered some janitors who told them that they ought to leave the school. D and his friends left the school building but waited in the parking lot for approximately five to ten minutes for the other group. Eventually, the other students exited the school with the stolen examinations and all of the students shared the exam questions. Someone informed the dean of theft and the police were called. D admitted his involvement in the theft. He was later charged with criminal liability for conduct of another. Following his conviction, D appealed.