Biggs v. State

The order of the trial court adjudicating the defendant guilty of possession of burglary tools best reflects the essence of my dissent and is hereinafter set forth:

“The State charged that Mr. Biggs and a co-defendant, Richard Lee Harvey, possessed burglary tools on the 14th day of June, 1974. Earlier this year Mr. Biggs’ co-defendant was tried by a jury and found not guilty. Mr. Biggs waived Trial by Jury and proceeded to trial on Friday, November 15th, 1974.

“The testimony reflected that Mr. Biggs was the driver of a Pontiac vehicle which was observed on a rural access road leading to a…