Hayes v. State

Eberhardt, Judge.

Jimmy Lee Hayes was indicted, tried and convicted of burglary, and he appeals from the overruling of his amended motion for new trial, enumerating as error the overruling of his motion to quash the indictment, as well as the overruling of the motion for new trial. Held;

1. The motion to quash the indictment on the ground that it charged the burglarizing of a "trailer truck,” and that this is not a building included among those specified in Code Ann. § 26-1601, is without merit. The Code section specifically includes "any . . . vehicle.”

2. The contention that there was a fatal…