Possession of burglary tools consists of having in the person’s possession a device or instrumentality designed or commonly used for the commission of burglary and under circumstances evincing an intent to use the same in the commission of burglary.   
Whoever commits possession of burglary tools is guilty of a fourth degree felony.   
  History: 1953 Comp., § 40A-16-5, enacted by Laws 1963, ch. 303, § 16-5.