Bell v. State

JOHNSON, Judge.

This is an appeal from an order denying the appellant’s motion to vacate sentence and set aside judgment, arising from Volu-sia County.

The appellant, who is the defendant below, was indicted and tried and convicted of rape along with the codefendant. The codefendant had privately employed counsel and prior to arraignment the appellant requested the court to appoint as his counsel the same lawyer representing the codefendant as private counsel. This was done and said defendant was so represented throughout the trial.

One of the major contentions of the appellant in his motion to…