Johnson v. State

HERRMANN, Justice:

The question before us is whether the defendant may be convicted under an indictment as a principal though found to be an accomplice.

The defendant was indicted for burglary in the fourth degree, charged as a principal. At the trial, there was evidence that the defendant drove two others to the scene of the crime, but that he remained in the automobile while the others entered the building. After deliberating for about an hour and a half, the jury submitted to the Court the following question:

“Is a person just as guilty if he stays in the car as the ones that actually broke…