The PEOPLE v. Esposito

Frank Esposito, the defendant, was indicted for the crime of unlawfully and feloniously possessing burglar tools in violation of section 39 of division I of the Criminal Code. (Ill. Rev. Stat. 1957, chap. 38, par. 87.) After waiving trial by jury, he was convicted in the criminal court of Cook County and sentenced to the penitentiary for a term of not less than one nor more than two years. Upon writ of error he now contends the evidence failed to establish either possession or criminal intent.

No testimony was offered upon behalf of the defendant. The evidence presented by the People shows…