State v. Mintner

PREWITT, Judge.

Following jury trial defendant was convicted of possession of burglar’s tools, § 569.180, RSMo 1978, and sentenced to one year in the county jail. He contends (1) that the evidence was insufficient to support the conviction because there was no direct evidence that he was in possession of a burglar’s tool and the circumstantial evidence was insufficient to show possession, and (2) that the submission instruction omitted a necessary finding.

To convict for possession of burglar’s tools, the state must show that the defendant had possession in the legal sense, but need not prove…