You Could Say That
State v. Hoselton (1988)
Charge: Entering without breaking with intent to commit larceny, charged as a principal Jurisdiction: West Virginia Heard on GUILTY or NOT?: 26 October 2026
Whether a man who stood on the barge while friends broke into a locker, and later said he could be called the lookout, took part in the theft.
The facts
The Defendant, eighteen years old, stood on the deck of a river barge with several companions. Some of them broke into a storage locker on the barge and began carrying out tools and equipment. The Defendant remained near the end of the barge; he did not enter the locker, carry anything, or take any of the stolen goods. When police later asked whether he had been acting as a lookout, he answered, "You could say that." The Prosecution used that statement to convict him as a principal, arguing he was a lookout who aided the break-in. The Defense insisted he was merely present, with no advance knowledge and no shared plan.
You have the facts the court had. Did the prosecution prove it? Render your verdict in the game, then see what the court actually decided — and why.
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Citation: State v. Hoselton, 179 W. Va. 645, 371 S.E.2d 366 (1988)
Read the full decision at law.justia.com. The source reveals the outcome.