Hardwick v. State

Quillian, Chief Judge.

Tried for burglary, defendant appeals his conviction for the lesser offense of criminal trespass. His sole enumeration is that the trial court erred in denying his motion to dismiss. We find no error.

This case was originally appealed to the Supreme Court on constitutional grounds but was transferred to this court by the Supreme Court without opinion.

After the state had rested its case, defendant made a written and oral motion to dismiss or quash the indictment on the grounds that defendant was not arrested for more than two and a half years after the offense, which…