Noe v. State

An indictment was found against the appellant in the Huntington Circuit Court, charging him with arson. On his application, the venue was changed to the court below. There were three trials, the first two resulting in a failure in each of the jury to agree. Upon the third trial, he was found guilty and sentenced to the State’s prison for two years. He brings the case to this court upon the alleged error of overruling his motion for a new trial.

It appears from the evidence, that at the time of the alleged crime, the appellant was about twenty-four years of age, and engaged in teaching school.…