State v. Helmenstein

Rule of Law:

A conviction cannot be sustained based on the testimony of accomplices unless it is corroborated by other evidence that tends to connect the defendant with the commission of the offense. A person is considered an accomplice if they were concerned in the commission of the crime by aiding, abetting, or encouraging it, which includes participating in the planning or subsequent concealment, even without direct participation in the principal criminal act.

Facts:

• A group of young people, including Helmenstein and Glen Zahn, met in a park and consumed beer.
• While driving in Helmenstein's car, someone in the group suggested burglarizing a store in Hannover.
• Members of the group, including one who requested bananas, agreed to the plan.
• The group drove to Hannover, where Helmenstein and two others broke into the store and stole merchandise including beer, cigarettes, candy, and bananas.
• Glen Zahn was present in the car during the planning phase but was allegedly asleep during the actual break-in.
• After the burglary, the entire group, including Glen Zahn, collectively agreed on a false story to provide to law enforcement if questioned.
• The group subsequently divided the stolen merchandise among themselves.

Procedural Posture:

• The State charged Helmenstein with burglary in the district court of Oliver County, a trial court.
• Helmenstein waived his right to a jury trial, and a bench trial was conducted.
• The trial court found Helmenstein guilty of the charged offense.
• Helmenstein's motion for a new trial was denied by the trial court.
• Helmenstein, as appellant, appealed the judgment of conviction and the denial of his motion for a new trial to the North Dakota Supreme Court.