Diaz v. State

The defendant appealed from' a judgment and five-year sentence entered after a jury found him guilty of unlawful possession of burglary tools in violation of Section 810.06, F.S.1951, F.S.A. Defendant was also charged in another count of the information with an unlawful attempt to break and enter certain premises with intent to commit a misdemeanor by stealing goods of value of less than $50.00. On this count the jury returned a verdict of not guilty.

The facts developed at the trial reveal that on September 11, 1953, at about 4 a. m., a night watchman employed by the' City of Tampa was in his…