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STATE v. CALDRONE

No. 45,882

205 Kan. 828 (1970)

473 P.2d 66

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

Supreme Court of Kansas.

Opinion filed July 17, 1970.

Attorney(s) appearing for the Case

Edward M. Boyle, of Payne & Jones, Chartered, of Olathe, argued the cause and was on the brief for the appellant.

Hugh H. Kreamer, assistant county attorney, argued the cause, and Kent Frizzell, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

In November, 1967, defendant John C. Caldrone was convicted by a jury of possessing burglary tools in violation of K.S.A. 21-2437. In the same trial he was acquitted of a charge of attempted grand larceny from a truck. Defendant appealed his conviction upon the burglary tool offense to this court with the result that, because of failure to instruct the jury as to the requisite intent, the judgment was set...

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