State v. Glynn

PONDER, Justice.

The defendant was charged in a bill of information with aggravated burglary of a dwelling inhabited by one William Fuller and one Mrs. Elise Fuller. His counsel moved to quash the information on the ground that it was not alleged that any person or persons were actually present in the dwelling at the time of the alleged burglary. The trial judge quashed the information and the state, after having reserved a bill of exception, has appealed.

Article 60 of the Criminal Code, as amended by Act 285 of 1948 defines aggravated burglary as the unauthorized entering of any inhabited…