Tyler v. Commonwealth

Opinion BY JUDGE LARRY G. ELDER 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.