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Florida Statute 810.06 | Lawyer Caselaw & Research
F.S. 810.06 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
F.S. 810.06
810.06 Possession of burglary tools.Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 30, sub-ch. 4, ch. 1637, 1868; RS 2439; GS 3286; RGS 5120; CGL 7221; s. 804, ch. 71-136; s. 32, ch. 74-383; s. 22, ch. 75-298; s. 1232, ch. 97-102.

F.S. 810.06 on Google Scholar

F.S. 810.06 on Casetext

Amendments to 810.06


Arrestable Offenses / Crimes under Fla. Stat. 810.06
Level: Degree
Misdemeanor/Felony: First/Second/Third

S810.06 - BURGL TOOLS-POSSESS - WITH INTENT TO USE - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

SLOAN, v. STATE, 248 So. 3d 290 (Fla. App. Ct. 2018)

. . . ." § 810.06, Fla. Stat. (2016). . . .

MEDRANO, v. STATE, 199 So. 3d 413 (Fla. Dist. Ct. App. 2016)

. . . a dwelling, possession of burglary tools, and grand theft of a motor vehicle under sections 810.02, 810.06 . . .

DUNN, v. CITY OF BOYNTON BEACH,, 192 F. Supp. 3d 1310 (S.D. Fla. 2016)

. . . Additionally, Dunn brought a claim for a declaratory judgment against both Defendants that sections 810.06 . . . Section 810.06 of the Florida statutes provides: “Whoever has in his or her possession any tool, machine . . .

A. FORTSON, v. STATE, 179 So. 3d 414 (Fla. Dist. Ct. App. 2015)

. . . State, 760 So.2d 885, 886-87 (Fla.1999) (holding section 810.06, Florida Statutes, “requires proof ‘not . . . We must read section 810.06, Florida Statutes (2013) (providing “Whoever has in his or her possession . . .

STATE v. PLATT,, 154 So. 3d 1200 (Fla. Dist. Ct. App. 2015)

. . . . § 810.06, Fla. . . .

CARBONE, v. STATE, 98 So. 3d 657 (Fla. Dist. Ct. App. 2012)

. . . Carbone was charged with possession of burglary tools under section 810.06, Florida Statutes (2009). . . .

CLARK, v. STATE, 58 So. 3d 401 (Fla. Dist. Ct. App. 2011)

. . . See § 810.06, Fla. Stat. (2009); Fla. Std. Jury Instr. (Crim.) 13.2. . . . burglary tools” as tools used or intended to be used in committing a burglary or trespass as section 810.06 . . .

UNITED STATES v. CRESPO,, 378 F. App'x 931 (11th Cir. 2010)

. . . . § 810.06. . . .

BROOKS, v. STATE, 23 So. 3d 1227 (Fla. Dist. Ct. App. 2009)

. . . .” § 810.06, Fla. Stat. (2007). . . . Brooks is correct that gloves are not burglary tools under section 810.06. See Green v. . . . as common gloves, are not included under the terms ‘tool, machine, or implement’ as used in section 810.06 . . .

REMOR, v. STATE, 991 So. 2d 957 (Fla. Dist. Ct. App. 2008)

. . . Section 810.06, Florida Statutes (2007) states that [wjhoever has in his or her possession any tool, . . .

JAMES v. UNITED STATES, 550 U.S. 192 (U.S. 2007)

. . . . §810.06, where the defendant had been arrested after jumping a fence and trying to run away from police . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 953 So. 2d 495 (Fla. 2007)

. . . amended in 1989 [543 So .2d 1205] and 1992 [608 So.2d 1175] and 2007. 13.2 POSSESSION OF BURGLARY TOOLS § 810.06 . . .

KEYS, v. STATE, 949 So. 2d 1080 (Fla. Dist. Ct. App. 2007)

. . . . § 810.06, Fla. Stat. (emphasis added). . . .

SHENNETT, v. STATE, 937 So. 2d 287 (Fla. Dist. Ct. App. 2006)

. . . capable of breaking the car window, so that they could be a “burglary tool” within the meaning of section 810.06 . . .

UNITED STATES v. HUTCHINS,, 179 F. App'x 594 (11th Cir. 2006)

. . . . § 111(b), and for possession of burglary tools, in violation of Florida Statute § 810.06 and 18 U.S.C . . .

M. H. a v. STATE, 936 So. 2d 1 (Fla. Dist. Ct. App. 2006)

. . . .Ӥ 810.06, Fla. Stat. (2004)(emphasis added). . . .

A. W. a v. STATE, 920 So. 2d 845 (Fla. Dist. Ct. App. 2006)

. . . Section 810.06, Florida Statutes, defines the crime of possession of burglary tools. . . . be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.... ” § 810.06 . . . used to effectuate the theft of the vehicle, theft is not one of the offenses enumerated in section 810.06 . . . That being so, the conviction under section 810.06 must be reversed. Id. at 915 (emphasis added). . . .

WASHINGTON, v. STATE, 876 So. 2d 1233 (Fla. Dist. Ct. App. 2004)

. . . . §§ 810.02(1), 810.06, 812.014(1), Fla. Slat. (1999). . See Washington v. . . .

M. F. A v. STATE, 864 So. 2d 1223 (Fla. Dist. Ct. App. 2004)

. . . Section 810.06, Florida Statutes (2002), Possession of burglary tools, states: Whoever has in his or . . .

STATE v. STANARD,, 859 So. 2d 572 (Fla. Dist. Ct. App. 2003)

. . . . § 810.06, Fla. Stat. (2002). . . .

PILOTO, v. STATE, 842 So. 2d 1055 (Fla. Dist. Ct. App. 2003)

. . . . § 810.06, Fla. Stat. (2001). . . .

NETTLES, v. STATE, 819 So. 2d 243 (Fla. Dist. Ct. App. 2002)

. . . or allow the same to be used, to commit any burglary....’” 604 So.2d 471, 472 (Fla.1992) (quoting § 810.06 . . .

DUKES, v. STATE, 796 So. 2d 1265 (Fla. Dist. Ct. App. 2001)

. . . See also § 810.06, Fla. . . .

C. W. a v. STATE, 778 So. 2d 358 (Fla. Dist. Ct. App. 2001)

. . . .” § 810.06, Fla.Stat. (1997). . . .

DREW, v. STATE, 773 So. 2d 46 (Fla. 2000)

. . . theft, possession of burglary tools, and burglary of a conveyance in violation of sections 812.014(3), 810.06 . . .

A. R. M. v. STATE, 769 So. 2d 1092 (Fla. Dist. Ct. App. 2000)

. . . State, 414 So.2d 516 (Fla.1982); § 810.06, Fla. Stat. (1999). . . . State, 531 So.2d 708, (Fla.1988) ]; see §§ 810.02, 810.06, 810.08, Fla. Stat. (1991). . . . That being so, the conviction under section 810.06 must be reversed. 608 So.2d at 915. . . .

SANDERS, v. STATE, 775 So. 2d 314 (Fla. Dist. Ct. App. 2000)

. . . See § 810.06, Fla. Stat. (1997). . . . It held that the plain language of section 810.06 contemplated that the unlawful tools “are those intended . . .

M. A. P. v. STATE, 755 So. 2d 802 (Fla. Dist. Ct. App. 2000)

. . . See § 810.06, Fla. Stat. (1997). . . .

LATIMORE, v. STATE, 753 So. 2d 690 (Fla. Dist. Ct. App. 2000)

. . . . § 810.06, Fla. Stat. (emphasis added). . . .

CALLIAR, v. STATE, 760 So. 2d 885 (Fla. 1999)

. . . After his arrest, a jury convicted Calliar of possession of burglary tools in violation of section 810.06 . . . Id.; see §§ 810.02, 810.06, 810.08, Fla. Stat. (1991). . . . Like Judge Joanos in dissent, we agree with this straightforward construction of section 810.06. . . . We reject such an interpretation of the plain language of section 810.06. . . . , this Court must construe section 810.06 most favorably to petitioner. . . . Section 810.06, Florida Statutes (1995), when read in conjunction with the definition of burglary set . . . Section 810.06, Florida Statutes (1995), provides in pertinent part that [wjhoever has in his or her . . . There is no basis in the language of these statutes for reading section 810.06 to require that the tool . . .

HERNANDEZ, v. STATE, 784 So. 2d 1124 (Fla. Dist. Ct. App. 1999)

. . . was legally insufficient to convict him of the crime of possession of burglary tools under section 810.06 . . . The First District reads the burglary tool statute, section 810.06, more broadly than this court does . . . If the evidence is legally sufficient under this court's narrower reading of section 810.06, Florida . . .

A. J. R. v. STATE, 726 So. 2d 326 (Fla. Dist. Ct. App. 1999)

. . . 531 So.2d 708, 709 (Fla.1988), our supreme court concluded that the burglary tool statute, section 810.06 . . . We note that the First and Third Districts are in conflict concerning whether section 810.06, Florida . . . .2d 912 (Fla. 3d DCA 1992), the court commented that grand theft is not a crime enumerated in section 810.06 . . .

ADSIDE, v. STATE, 722 So. 2d 228 (Fla. Dist. Ct. App. 1998)

. . . . § 810.06, Fla. Slat. (1995). . § 856.021, Fla. Stat. (1995). . . . .

CALLIAR, v. STATE, 714 So. 2d 1134 (Fla. Dist. Ct. App. 1998)

. . . In my opinion, the interpretation of the language of Section 810.06, Florida Statutes, regarding burglary . . . Section 810.06, Florida Statutes (1995), provides in pertinent part that [wjhoever has in his or her . . .

KEMBYRD, a k a v. STATE, 709 So. 2d 196 (Fla. Dist. Ct. App. 1998)

. . . See §§ 810.06 and 775.082(3)(d), Fla. Stat. (1993). . . .

KARP, v. STATE, 698 So. 2d 577 (Fla. Dist. Ct. App. 1997)

. . . Section 810.06, Florida Statutes (1993), provides in relevant part that: Whoever has in his possession . . .

COX, v. STATE, 687 So. 2d 25 (Fla. Dist. Ct. App. 1996)

. . . . § 810.06, Fla. Stat. . § 893.03, Fla. Stat. . § 893.13, Fla. Stat. . § 893.145, Fla. . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 665 So. 2d 212 (Fla. 1995)

. . . They are as follows (read verdict forms): (4) POSSESSION OF BURGLARY TOOLS F.S. 810.06 Before you can . . .

BURKE, v. STATE, 672 So. 2d 829 (Fla. Dist. Ct. App. 1995)

. . . The applicable statute, section 810.06, Florida Statutes, provides in part: Whoever has in his possession . . . The supreme court found this evidence sufficient to establish a prima facie violation of section 810.06 . . . Contrary to the majority, I do not read section 810.06, Florida Statutes, or Thomas to require Appellant . . .

STRACHN, v. STATE, 661 So. 2d 1255 (Fla. Dist. Ct. App. 1995)

. . . for attempted burglary [§§ 777.04(1), 810.02(1), Fla.Stat. (1993)] possession of burglary tools [§ 810.06 . . .

T. H. v. STATE, 658 So. 2d 1161 (Fla. Dist. Ct. App. 1995)

. . . are “items of personal apparel” that do not fall within the definition of burglary tools in section 810.06 . . . Rather, Green holds that section 810.06 does not contain a definition of burglary tools sufficient to . . .

MITCHELL, v. STATE, 657 So. 2d 943 (Fla. Dist. Ct. App. 1995)

. . . implement with intent to use the same, or allow the same to be used to commit any burglary or trespass_” § 810.06 . . .

E. MOSCO, v. STATE, 640 So. 2d 1219 (Fla. Dist. Ct. App. 1994)

. . . . § 810.06, Fla.Stat. (1993). . § 812.014(1) and (2)(c)1, Fla.Stat. (1993). . . .

HIERRO, v. STATE, 608 So. 2d 912 (Fla. Dist. Ct. App. 1992)

. . . Third, defendant was charged with possession of burglary tools in violation of section 810.06, Florida . . . used to effectuate the theft of the vehicle, theft is not one of the offenses enumerated in section 810.06 . . . Id.; see §§ 810.02, 810.06, 810.08, Fla.Stat. (1991). . . . That being so, the conviction under section 810.06 must be reversed. . . .

JONES, v. STATE, 608 So. 2d 797 (Fla. 1992)

. . . . § 810.06, Fla.Stat. (1989); Estevez v. . . .

J. D. a v. STATE, 604 So. 2d 936 (Fla. Dist. Ct. App. 1992)

. . . (1) trespass to a conveyance [§ 810.08, Fla.Stat. (1991)], and (2) possession of burglary tools [§ 810.06 . . .

E. GREEN, v. STATE, 604 So. 2d 471 (Fla. 1992)

. . . apparel, such as common gloves, included under the terms “tool, machine, or implement” as used in section 810.06 . . . Section 810.06, Florida Statutes (1989), provides in pertinent part: “Whoever has in his possession any . . . With respect to the language in section 810.06, the word “implement” should be interpreted to refer to . . . as common gloves, are not included under the terms “tool, machine, or implement” as used in section 810.06 . . . , C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. . § 810.02, Fla.Stat. (1989) . § 810.06 . . .

E. GREEN, v. STATE, 591 So. 2d 965 (Fla. Dist. Ct. App. 1991)

. . . I would not construe the section 810.06 terms “tool, machine, or implement” to include a common glove . . . Section 810.06, Florida Statutes, provides as follows: Possession of burglary tools. — Whoever has in . . . During the sixteen years in which section 810.06 has been in its current form, the reported cases have . . . Section 810.06, Florida Statutes, contains the enumeration “tool, machine, or implement.” . . . Here, the majority’s construction of section 810.06 is not the only reasonable construction of the section . . . gloves are not within the statutory definition of a “tool, machine, or implement” pursuant to section 810.06 . . . Unlike section 810.06, Florida Statutes, the Massachusetts statute prohibits the possession of only those . . . charged with possessing, it was not necessary for the court in Broughton to address whether section 810.06 . . . In addition to the question of whether gloves are a burglary tool or implement under section 810.06, . . . apparel, such as common gloves, included under the terms “tool, machine or implement” as used in section 810.06 . . .

STATE v. SMITH, STATE v. SMITH,, 589 So. 2d 320 (Fla. Dist. Ct. App. 1991)

. . . The two offenses are under separate statutory sections, 810.02 and 810.06, and do not appear to be degrees . . .

B. HUTTON, V. v. STRICKLAND,, 919 F.2d 1531 (11th Cir. 1990)

. . . dangerous weapon during the commission of a trespass, the offense may become a felony under sections 810.06 . . . to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.... § 810.06 . . .

L. B. a v. STATE, 564 So. 2d 607 (Fla. Dist. Ct. App. 1990)

. . . State, 531 So.2d 708, 710 (Fla.1988); § 810.06, Fla.Stat. (1989). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . 810.08(2)(b) Burglary — 810.02(3) None Attempt Trespass — 810.08(2)(a) Possession of burglary tools — 810.06 . . .

THOMAS, v. STATE, 531 So. 2d 708 (Fla. 1988)

. . . insufficient evidence to establish beyond a reasonable doubt the corpus de-licti of a violation under section 810.06 . . . same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree_ § 810.06 . . . evidence of criminal intent to establish prima facie the corpus delicti of a violation under section 810.06 . . .

STATE v. THOMAS,, 508 So. 2d 1287 (Fla. Dist. Ct. App. 1987)

. . . The pertinent statute, section 810.06, Florida Statutes (1985), states: Whoever has in his possession . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . 810.08(2)(b) Burglary — 810.02(3) None Attempt Trespass — 810.08(2)(a) Possession of burglary tools — 810.06 . . .

CAWTHON, v. STATE, 486 So. 2d 90 (Fla. Dist. Ct. App. 1986)

. . . . § 810.06, Fla.Stat. (1983). . §§ 784.021(l)(a) & 777.04(1), Fla.Stat. (1983). . . . .

TOOLE, v. STATE, 472 So. 2d 1174 (Fla. 1985)

. . . section 810.02, Florida Statutes (1983), and with possession of a burglary tool in violation of section 810.06 . . .

K. W. a v. STATE, 468 So. 2d 368 (Fla. Dist. Ct. App. 1985)

. . . K.W. was charged with being delinquent for having violated section 810.06, Florida Statutes (1983), which . . . Deputy Nelson’s testimony, the trial judge found K.W. to be delinquent for having violated section 810.06 . . .

FERGUSON, v. STATE, 420 So. 2d 585 (Fla. 1982)

. . . , section 810.02, Florida Statutes (1977), and the offense of possession of burglary tools, section 810.06 . . . possessing it has used it in committing a burglary or has the intent to use it in committing a burglary. § 810.06 . . . burglary and possession of burglary tools are separately defined offenses under sections 810.02 and 810.06 . . .

DESIN, v. STATE, 414 So. 2d 516 (Fla. 1982)

. . . the district court certified the following question as one of great public importance: Does section 810.06 . . . a third degree felony for possession of tools with which to commit a burglary or trespass, section 810.06 . . . The court first determined that, in using the phrase “any ... trespass” in section 810.06, the legislature . . . The construction of section 810.06 urged by petitioner is too narrow because it imputes to the legislature . . . We conclude that the legislature intended the language “any ... trespass,” as used in section 810.06, . . .

A. BORGES, v. STATE, 415 So. 2d 1265 (Fla. 1982)

. . . See § 810.02(2)(b), Fla.Stat. (1977) (burglary while armed), § 810.06 (possession of burglary tools), . . .

DESIN, v. STATE, 404 So. 2d 181 (Fla. Dist. Ct. App. 1981)

. . . of the legislature was to include any trespass, statutory or common-law, within the ambit of section 810.06 . . . such trespass is committed with a jeep, does the jeep become a “burglary tool” as defined by section 810.06 . . . pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), the following question: Does section 810.06 . . . UPCHURCH, Jr., JJ., concur. . § 810.06, Fla.Stat. (1979): Whoever has in his possession any tool, machine . . . We point out that no challenge has been made to the constitutionality of section 810.06, and so that . . .

BORGES, v. STATE, 394 So. 2d 1046 (Fla. Dist. Ct. App. 1981)

. . . Section 810.06 of the Florida Statutes (1979) defines the separate crime of possession of burglary tools . . .

E. PRESTON, v. STATE, 373 So. 2d 451 (Fla. Dist. Ct. App. 1979)

. . . possession of these items, appellant was found guilty of possessing burglary tools in violation of Section 810.06 . . . The crime of possessing burglary tools is described in Section 810.06 as the possession of a tool, machine . . . As the state correctly points out, at the time of the decision in the Foster case, Section 810.06 made . . . We do not agree with the state that the change in the wording of Section 810.06 nullified the rule announced . . . Section 810.06 required prior to its amendment, as it does now, not only the possession of a tool suitable . . .

STATE v. THOMAS, 362 So. 2d 1348 (Fla. 1978)

. . . Sec. 810.06, Fla.Stat. (1975) states: Possession of burglary tools. — Whoever has in his possession any . . .

A. DAVIS, v. STATE, 356 So. 2d 1252 (Fla. Dist. Ct. App. 1978)

. . . to Section 810.02(3), Florida Statutes (1975), and possession of burglary tools contrary to Section 810.06 . . .

THOMAS v. STATE, 351 So. 2d 77 (Fla. Dist. Ct. App. 1977)

. . . Nor can we conclude that the crime of possession of burglary tools under Section 810.06 Florida Statutes . . . able to say that, where the evidence-is conclusive that possession of burglary tools under Section 810.06 . . . question to our Supreme Court: IF A DEFENDANT IS CHARGED WITH POSSESSION OF BURGLARY TOOLS UNDER SECTION 810.06 . . . MOUNTS, Jr., Associate Judge, concur. . § 777.04(1) Fla.Stat. (1975) and § 810.02(3) (1975). . § 810.06 . . .

BIGGS, v. STATE, 329 So. 2d 415 (Fla. Dist. Ct. App. 1976)

. . . . § 810.06 (1973). . . .

MOORE v. STATE, 324 So. 2d 690 (Fla. Dist. Ct. App. 1976)

. . . cap was relevant, too, to the charge that appellants possessed burglarious tools in violation of § 810.06 . . . Secs. 810.06, 775.082, F.S. 1973, 948.04, F.S.1973 (1974 Supp.), as amended by § 10, ch. 74 — 112, Fla.Laws . . .

FOSTER, v. STATE, 286 So. 2d 549 (Fla. 1973)

. . . Section 810.06, Florida Statutes, F.S.A., provides: “Whoever makes or mends, or begins to make or mend . . .

BURNETTE, v. STATE, 258 So. 2d 470 (Fla. Dist. Ct. App. 1972)

. . . See § 810.06, Fla.Stat., F.S.A. We reverse and order that he be discharged. . . .

McMICHAEL, v. STATE, 258 So. 2d 26 (Fla. Dist. Ct. App. 1972)

. . . . § 810.06, F.S. A. . . .

GREENE, III, v. STATE, 237 So. 2d 46 (Fla. Dist. Ct. App. 1970)

. . . Section 810.06, F.S.A., which is as follows: “Whoever * * * knowingly has in his possession any * * * . . . Section 810.06, F.S.A., and therefore possession of the tool which was being used by them to break and . . .

L. MESENBRINK, v. STATE, 231 So. 2d 852 (Fla. Dist. Ct. App. 1970)

. . . appellant was charged by information for the crime of Possession of Burglary Tools, in violation of § 810.06 . . . It is significant that all prior convictions in the state under § 810.06, supra, which have been affirmed . . .

SCHWAM, v. STATE, 222 So. 2d 790 (Fla. Dist. Ct. App. 1969)

. . . . § 810.06, F.S.A. In Estevez v. . . .

KOENIG, v. STATE, 214 So. 2d 627 (Fla. Dist. Ct. App. 1968)

. . . Count two charged him with possession of burglarious tools in violation of § 810.06, Fla.Stat., F.S.A . . .

BONAMY v. STATE, 205 So. 2d 707 (Fla. Dist. Ct. App. 1968)

. . . to-wit: grand larceny, -and under Count II of the “possession of burglary tools” in violation of Section 810.06 . . . guilty of the crime of having in their possession certain “burglary tools,” in violation of Section 810.06 . . . imposition of such sentence as he shall deem fit and proper under the circumstances for violation of Section 810.06 . . .

ESTEVEZ, v. STATE, 189 So. 2d 830 (Fla. Dist. Ct. App. 1966)

. . . co-defendant, one Manuel Canal, Jr., were charged with the crime of Possession of Burglary Tools under § 810.06 . . . Section 810.06, Fla.Stats., F.S.A., Possession of burglarious tools, reads: “Whoever makes or mends, . . . holding, in a variety of circumstances, that the evidence was sufficient to sustain a conviction under § 810.06 . . . In several jurisdictions with statutes similar to § 810.06, Fla.Stats., it has been held that possession . . .

TROISE, v. STATE, 177 So. 2d 24 (Fla. Dist. Ct. App. 1965)

. . . Donald Troise was convicted of the possession of burglarious tools (§ 810.06 Fla. . . .

JORDAN v. STATE, 171 So. 2d 418 (Fla. Dist. Ct. App. 1965)

. . . Section 810.06, F.S.A. . . .

CAPPETTA v. STATE, 155 So. 2d 185 (Fla. Dist. Ct. App. 1963)

. . . trial before a jury under a charge of the crime of possessing burglary tools in violation of section 810.06 . . .

DIAZ, Jr. v. STATE, 82 So. 2d 135 (Fla. 1955)

. . . entered after a jury found him guilty of unlawful possession of burglary tools in violation of Section 810.06 . . .