State v. Noe

Wilson, Justice:

On July 19, 1974, a jury in the Circuit Court of Cabell County found Freddie Joe Noe guilty of the first degree murder of Donna Gail McClung and recommended mer cy. His motion to set aside the jury verdict was denied by the Circuit Court of Cabell County by order entered June 6, 1975. Noe appeals claiming that the trial court committed various errors involving: the sufficiency of fingerprint evidence; the admissibility of certain evidence; the withholding of certain evidence; the propriety of the prosecutor’s final argument; and instructions.

We award Noe a new trial primarily…