NOE v. COMMONWEALTH


396 S.W.2d 808 (1965)

John D. NOE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 26, 1965.


Attorney(s) appearing for the Case

Eugene Goss, Charles W. Berger, Harlan, for appellant.

Robert Matthews, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Daniel Boone Smith, Harlan, for appellee.


PALMORE, Judge.

Appellant, John D. Noe, was indicted for murder, found guilty of voluntary manslaughter, and sentenced to 21 years' imprisonment. On this appeal he contends that (1) the right of confrontation guaranteed him by the state and federal constitutions was violated through the admission in evidence of depositions for the Commonwealth and (2) the giving of an instruction on voluntary manslaughter was erroneous and prejudicial.

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