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STATE v. ROLLE

No. 67-49.

202 So.2d 867 (1967)

STATE of Florida, Appellant, v. Nesbitt ROLLE, Appellee.

District Court of Appeal of Florida, Second District.

October 11, 1967.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for appellant.

Ernest Ridarsick, Miami, for appellee.

LILES, Chief Judge.

Appellee, Nesbitt Rolle, was charged and tried on an information for second degree murder. At the conclusion of the state's case the defendant moved for a directed verdict. The trial judge withheld his ruling on the defendant's motion and the defendant thereupon rested his case. The jury found the defendant guilty of manslaughter. The defendant then moved for a new trial and the trial court in granting said motion stated that the "verdict of the...

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