Supreme Court of Minnesota January 24, 1969, 41181 (State v. Valstad)

Nelson, Justice.

Appeal from a judgment of conviction of possessing burglary tools, proscribed by Minn. St. 609.59, which provides:

“Whoever has in his possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary may be sentenced to' imprisonment for not more than three years or to payment of a fine of not more than $3,000, or both.