State v. Caldrone

The opinion of the court was delivered by

Harman, C.:

In November, 1967, defendant John C. Caldrone was convicted by a jury of possessing burglary tools in violation of K. S. A. 21-2437. In the same trial he was acquitted of a charge of attempted grand larceny from a truck. Defendant appealed his conviction upon the burglary tool offense to this court with the result that, because of failure to instruct the jury as to the requisite intent, the judgment was set aside with directions to grant a new trial (State v. Caldrone, 202 Kan. 651, 451 P. 2d 205).

New trial has now been had and defendant was…