State v. Smith

Defendant was convicted and sentenced for violation of section 708.7, Code of 1950, and appeals.

Section 708.7, in part, provides: “Possession of burglar’s tools — evidence. If any person be found having in his possession at any time burglar’s tools or implements, with intent to commit the crime of burglary, he shall be imprisoned * * *, and the possession of such tools or implements shall be presumptive evidence of his intent to commit burglary.”

Briefly, the record discloses that on the night of March 31, 1954, police officers had a certain Buick car under surveillance and stopped it on the…