Ellis v. State

The appellant was indicted in the Olay Circuit Court for murder in the first degree, in the killing of John E. Brack. The venue was changed to the Putnam Circuit Court, where a trial resulted in a verdict and judgment of guilty of murder in the second degree; the circuit court having overruled appellant’s motion for a new trial. The action of the court in overruling the motion for a new trial is called in question by the' assignment of errors as the sole ground upon which a reversal of the judgment is sought.

The first contention of appellant is that the verdict of the jury is not sustained by…