Opinion
Argued December 5, 1921
Decided December 13, 1921
Alfred Rathheim, William T. Collins and Benjamin F. Schreiber for appellant.
Edward Swann, District Attorney ( Michael J. Driscoll of counsel), for respondent.
The record in this case fails to disclose facts sufficient to justify a conclusion that the defendant made or had in his possession tools under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of a crime, or that he had knowledge that the said tools were intended to be so used.
The judgments should be reversed and a new trial granted.
HISCOCK, Ch. J., HOGAN, CARDOZO, McLAUGHLIN, CRANE and ANDREWS, JJ., concur; POUND, J., absent.
Judgments reversed, etc.