Nichols v. Commonwealth

VANCE, Justice.

Appellant was indicted for murder and his first trial resulted in a hung jury. On his second trial he was found guilty of second degree manslaughter and sentenced to confinement for ten years.

Appellant contends that he was entitled to a directed verdict on his first trial because the evidence was not sufficient to sustain a conviction, and therefore the double jeopardy provisions of the United States and the Kentucky Constitutions prevent his retrial.

A reversal of a judgment of conviction on appeal on the ground that no reasonable trier of fact could have found guilt on the…