Phipps v. State

OPINION

WALKER, Presiding Judge.

From his conviction of concealing stolen property over the value of $100 and sentence to three years in the penitentiary, the defendant below, Elbert Phipps, appeals to this court. He was jointly indicted in Coffee County with one J. W. Pennington but was tried alone. An order nolle prosequi was entered as to Pennington.

Phipps first assigns as error that the record does not show that he was convicted by a jury of twelve. Under Rule 9 of our court, we grant the state’s motion made before the case was called for trial showing the minute entry with the names of…