State v. Hulum

Ray Thornton, Justice.

This is a State's appeal from the conviction of appellee, Eugene Hulum, of manslaughter for the death of his nineteen-month-old son, Marquis Hulum. Appellee does not appeal from that conviction. The State acknowledges that the jury’s manslaughter verdict operates as an acquittal for double-jeopardy purposes on the charges of capital murder and first-degree murder on which the jury was also instructed, making retrial of appellee on those charges impermissible. See e.g., Price v. Georgia, 398 U.S. 323, 329 (1970). Based on these double-jeopardy principles, the State does…