State v. Lovelace

Both Dixon and Lovelace were charged with the felonious possession of implements of housebreaking. Both were at the entrance to the restaurant at 1:45 on Sunday morning. They were within three feet of the front entrance door which, when examined, showed evidence of tool marks around the lock. As the two men became alerted to the presence of the officers, Dixon attempted to prevent the discovery of the large screw driver and hammer, both of which he held, by throwing them away.

The tools, though capable of legitimate use, nevertheless under the circumstances disclosed by the evidence, permitted…