Elliott v. State

MOORE, Retired Circuit Judge.

The appellant was indicted, tried and convicted for the offense of burglary in the second degree. Final judgment was entered by the trial court and his punishment was fixed by said judgment at imprisonment in the penitentiary of Alabama for ten years. Hence, this appeal.

The appellant filed a motion for a change of venue. That motion was heard on June 11,1976, prior to the trial on its merits. On that hearing the appellant offered the testimony of two witnesses. Bob Howell was the first of said witnesses and he testified, in substance, that he was the news director…