Tyler v. Commonwealth

ELDER, Judge.

Eugene C. Tyler, Jr. (appellant) appeals his conviction for voluntary manslaughter in violation of Code § 18.2-35. Appellant’s sole contention is that his conviction violated the prohibition against double jeopardy. Because the trial court erroneously rejected the jury’s inconsistent, yet valid, verdicts in appellant’s first trial and ordered a retrial, we reverse and dismiss appellant’s conviction.

I

Appellant shot and killed Gerald Washington on January 30, 1994, after Washington, with whom appellant had prior altercations, approached appellant in a threatening manner.

On July 6,…