Supreme Court of Minnesota September 29, 1967, 40422 (State v. Spangler)

Otis, Justice.

Defendant was convicted of burglary and sentenced to a term not to exceed 20 years. The issues on appeal are whether at the time of the offense defendant “possessed” tools to gain access to money or property,

*191

and, if so, whether it was necessary for the state to prove he had such possession while in the building which was burglarized.