State v. Caldrone

The opinion of the court was delivered by

Kaul, J.:

The defendant, John C. Caldrone, appeals from a conviction of possessing burglary tools in violation of K. S. A. 21-2437. In the same information defendant was charged with attempted grand larceny but was acquitted of that charge.

According to the state’s evidence, Mrs. Jean Nickel, a resident of Prairie Village, heard pounding noises outside her house at about 5:00 a. m., on September 3, 1967. She looked out and saw a man pounding on a cigar truck driven by her neighbor, Mr. Dozier, and owned by Niles & Moser Cigar Co. Mrs. Nickel called the…