Noe v. Commonwealth

Opinion of the Court by

Commissioner Hobson—

Reversing.

Jarvis Noe was indicted in the Harlan circuit court for the murder of Alex Davis, and on the trial of the ease he was found guilty of manslaughter, and his punishment fixed at ten years’ imprisonment. He appeals.

L. T. Blevins operated a garage in Wallins, Harlan county. The second story of the house was cut up into apartments. Blevins occupied one of these apartments, and Jarvis Noe another on the opposite side of the hall. Blevins had bought a new piano. Alex Davis and Loyd Miller, on the evening in question, went to a neighboring town in…