Criminal Law Keyed to Dressler
State v. Helmenstein
On the night of the alleged burglary, two groups of young people had been driving around in the area of Center, North Dakota. At some point in the evening, these two groups met at the park in Center, where all of the young people consumed alcohol. Later, members of these two groups got into the Defendant’s vehicle in order to ride around. After awhile, one of the riders suggested that the group go to the neighboring city of Hannover to break into a store that was located there. Upon arrival at the store, the Defendant and three other passengers, broke into the store and returned with beer, cigarettes, candy and bananas. At trial, five of the young people testified against the Defendant. One of the riders, Glen Zahn (Zahn), testified that he had objections to the burglary and that he fell asleep in the vehicle while the crime was being committed.
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