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 *554 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. - .

His cock, Ch. J., Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ., concur - Pound, J.,-absent. Judgments reversed, etc.