Nelson v. State

Cobb, Ch. J.

The plaintiff in error was arraigned, tried, and convicted on December 11, 1888, of murder in the second degree for the homicide of C. J. Balcom, by gun-shot, on the night of August 5, 1888, at the city of Hastings.

The prisoner’s motion for a new trial was overruled and he was sentenced to life imprisonment in the penitentiary of the state. The record of the trial is preserved in the bill of exceptions, brought here on a petition in error, and heard on a motion for the modification of the prisoner’s sentence.

Erom the record it appears that the prisoner was a colored waiter, aged…