Lampkin v. State

John I. Purtle, Justice.

At the close of the state’s evidence in the trial of appellant for murder in the first degree the court directed a verdict of acquittal on the charge of murder in the first degree but continued the trial on murder in the second degree and the lesser included offenses of manslaughter and negligent homicide. The jury found appellant guilty of murder in the second degree and assessed his punishment at ten years in the Department of Correction.

On appeal appellant argues he was placed in double jeopardy and that the court erred in giving AMCI 109 without modification as…