Noble v. Commonwealth

Opinion op the Court by

Judge Thomas

Beversing.

At the regular September, 1940, term of the Perry Circuit Court the grand jury impaneled for that term returned this indictment against appellant and his brother, Courtney Noble, accusing them of what is commonly known as “Armed robbery.” . Both brothers at their separate trials were convicted and the conviction of Courtney Noble was reversed by us on appeal therefrom in an opinion rendered November 7 of this year which has not been published but will be in 288 Ky. 282, 155 S. W. (2d) 866. That reversal was based, not on the merits of the case, but…