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STATE v. GLYNN

No. 39885.

47 So.2d 670 (1950)

217 La. 871

STATE v. GLYNN.

Supreme Court of Louisiana.

June 30, 1950.

Attorney(s) appearing for the Case

Bolivar E. Kemp, Jr., Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Severn T. Darden, Dist. Atty., Matthew S. Braniff, Asst. Dist. Atty., both of New Orleans, for appellant.

G. Wray Gill, of New Orleans, for appellee.

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.

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