Nelson v. State

The appellant, Ben Nelson, was indicted for murder in the first degree by a grand jury of Volusia County, Florida, for the murder of Leroy Heath on August 17, 1940. He was adjudged insolvent, placed upon trial and convicted of the crime of manslaughter and was by the trial court sentenced to serve a period of ten years in the State Prison at hard labor. From this judgment of conviction in the Circuit Court of Volusia County an appeal has been perfected to this Court and several reasons urged for a reversal thereof.

On November 5, 1940, counsel for appellant filed a motion to require the state…