Perkins v. State

On this appeal the defendant has posed three issues: Whether the homemade key allegedly used by the defendant constitutes a burglarious tool as defined by sec. 943.12, Stats.; 1 whether the district at torney abused Ms discretion by charging defendant with possession of a burglarious tool; and whether the defendant was twice put in jeopardy for the same offense when he was charged with possession of a burglarious tool.

Only the first issue, whether the key was a burglarious tool as defined by the statute, can be raised in this court and disposed of by a decision in this case. The other two…