State v. Burton

The principal question presented for decision is whether the possession by defendants, under the conditions stated, of the identical instrument used in the safecracking was sufficient to repel their motions for nonsuit.

Our research does not reveal a case in this jurisdiction where possession of tools used to effect a burglary or a safecracking was the sole evidence relied upon by the State.

There is ample evidence that someone “did, by the use of a crowbar and other tools force open a safe of General Electric Supply Company, 18 Seaboard Ave., Raleigh, N. C.” on 17 January 1967, and that three…