NICHOLS v. COM.


657 S.W.2d 932 (1983)

Aubrey NICHOLS, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

Rehearing Denied November 2, 1983.


Attorney(s) appearing for the Case

William M. Scalf, Lexington, for movant.

Steven L. Beshear, Atty. Gen., Carl Miller, Asst. Atty. Gen., Frankfort, for respondent.


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...

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