Rowe v. Commonwealth

Opinion of the Court by

Commissioner Hobson

Reversing.

Bart Rowe, Joe Belcher and Dave Fair were indicted in the Pike circuit court for the willful murder of Clinard Clevinger. On a trial of the case they were each found guilty of voluntary manslaughter; the punishment for Rowe and Belcher was fixed at ten years in the penitentiary and the punishment of Fair at two years. They appeal.

The facts of the case are these: Bart Rowe was the chief of police of Elkhom City. On April 13, 1924, the police judge of the city issued a search warrant authorizing him to search a Ford automobile occupied by…