Ellington v. 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 by counsel employed by him, was in all respects lawfully arraigned and entered a plea of not guilty. The cause was set for trial on…