Ellington v. State

OPINION

BLISS, Presiding Judge:

In the District Court, Ottawa County, Case No. CRF-71-199, appellant, Gary W. Ellington, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Robbery with Firearms. His punishment was fixed at twenty (20) years imprisonment. From that judgment and sentence, he has perfected a timely appeal to this Court.

As no questions regarding the sufficiency of the evidence are raised in this appeal, a detailed statement of the facts is unnecessary. Suffice it to say the evidence at the trial revealed that on March 19, 1971, between 8:00…