Hemphill v. Commonwealth

MILLIKEN, Judge.

This is an appeal from an order of the Knox Circuit Court denying appellant’s 11.42 motion to vacate his judgment of conviction of voluntary manslaughter. Appellant alleges as grounds for his appeal in this RCr 11.42 proceeding that he should not have been tried the second time on an indictment charging murder, since the conviction for voluntary manslaughter in his earlier trial for murder and voluntary manslaughter 1 resulted in an acquittal of the murder charge. He maintains that the earlier conviction of voluntary manslaughter operated as an acquittal on the charge of…