STATE V. HOSELTON
371 S.E.2d 366 (1988)
NATURE OF THE CASE: Hoselton (D) challenged a judgment from the Circuit Court, which convicted D for entering without breaking a vessel, with intent to commit larceny, pursuant to W. Va. Code 61-3-12 (1923) and denied D's motions for acquittal and for new trial.
FACTS: Kevin Wayne Hoselton (D) was indicted as a principal in the first degree for either breaking and entering or entering without breaking a storage unit on a docked barge with intent to commit larceny. He was eighteen years old at the time, and was with several friends, each of whom was separately indicted as a principal in the first degree. D convicted of entering without breaking, as charged in the indictment. D was with his friends when they trespassed on a barge. D and his friends frequently trespassed upon the barge for fishing. D's friends broke into a storage locker while D stood at the end of the barge. The items stolen from the storage unit were tools, grease guns, grease and a battery charger. None of these items, or profits on their resale, were given to D. D stated that he, standing at one end of the barge, with an obstructed view of the storage unit, was unaware of his friends' intent to steal the items until he heard the opening of the storage unit door. He then walked to the unit and saw his friends handling the goods. He then returned to the other end of the barge and went to an automobile, owned and operated by one of his friends, who remained in the storage facility. His friends returned to the automobile with the goods. D did not assist the others in placing the goods in the automobile. He was then immediately driven home. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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