ELLINGTON v. STATE

7 Div. 172.

282 So.2d 360 (1973)

Franklin ELLINGTON v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied July 12, 1973.


Attorney(s) appearing for the Case

J. M. Sides, Anniston, for appellant.

William J. Baxley, Atty. Gen., and David W. Clark, Asst. Atty. Gen., for the State.


JOSEPH J. MULLINS, Circuit Judge.

On January 5, 1972, an indictment was returned by the Grand Jury of Calhoun County against the appellant charging murder in the first degree for killing one Edgar L. Vinson. The appellant was convicted of murder in the second degree, and sentenced to ten years in the penitentiary. There is sufficient evidence in the record to sustain the jury verdict.

On January 14, 1972, the appellant being present in court and being represented...

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