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STATE v. CALDRONE

No. 45,244

202 Kan. 651 (1969)

451 P.2d 205

STATE OF KANSAS, Appellee, v. JOHN C. CALDRONE, Appellant.

Supreme Court of Kansas.

Opinion filed March 8, 1969.

Attorney(s) appearing for the Case

Edward M. Boyle, of Olathe, argued the cause, and Howard E. Payne, W.C. Jones, Robert P. Anderson, Keith Martin, H. Thomas Payne, John T. Flannagan, John H. Johntz, Jr., and Max Logan, all of Olathe, were with him on the briefs for the appellant.

Hugh H. Kreamer, Assistant County Attorney, argued the cause, and Kent Frizzell, Attorney General, and James W. Bouska, County Attorney, were with him on the briefs for the appellee.

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...

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