Judgment reversed on the law and on the facts and the indictment dismissed.
Defendant was indicted for burglary in the first degree and possession of burglar's tools as a felony. The jury acquitted him of the burglary count. The evidence shows that three hours after defendant's alleged participation in the burglary he was seen entering an automobile which was parked near the scene of the burglary. A suitcase containing tools that could be used for safe cracking was...
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