State v. Emery

Appellant after a jury trial was convicted of possession of burglar’s tools in violation of § 560.115, RSMo 1969, and was sentenced, in accordance with the verdict of the jury, to two years’ imprisonment. From this conviction appellant has appealed to this court.

Appellant puts forward three alleged points of error upon which he relies for reversal of his conviction. We shall take up the three points in order.

The first point is that the statute under which he was convicted, § 560.115, RSMo 1969, was unconstitutional under the Due Process Clause of the Fourteenth Amendment, because of its…