Metz v. State

The appellant, William Metz, was charged by affidavit in four counts as follows:

Count I — Second degree burglary.

Count II — Burglary with tools.

Count III — Possession of burglary tools by convict.

Count IV — Auto banditry.

The appellant pleaded not guilty to each of the counts and after trial by court the appellant was found guilty of Counts I, II and IV and not guilty on Count III (possession of burglary tools by convict).

The State concedes error on appeal as to Count II (burglary with tools).

We thus have for consideration on appeal the charges of Count I (second degree burglary) and Count IV…