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Criminal Law Keyed to Kennedy
State of West Virginia v. Kevin Dwayne Hoselton
Citation:179 W. Va. 645 (1988)
The defendant was 18 years old and was convicted of entering with the intent to commit larceny, in violation of W. Va. Code, 61-3-12 (1923). The only evidence used to link him to the crime was his voluntary statement that he stood outside of a barge while friends walked inside. When asked if he was a lookout, he stated “You could say that. I just didn’t want to go down there.” When his friends started to take things from the barge, the defendant left and went to the car.
He appealed, arguing that there was not enough evidence to support his conviction. The State argued that there was sufficient evidence to establish that he was the lookout and thus an aider and abettor.
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