Commonwealth v. Brindley

In Commonwealth v. Brindley, Ky., 724 S.W.2d 214 (1986), the Supreme Court addressed this issue and held: It is our opinion that Section 115 of the Kentucky Constitution, founded in the prohibition against double jeopardy, does not prevent an appeal by the Commonwealth when a jury has returned a verdict of guilty which has been set aside by a ruling of law to a postverdict motion. If error was made in such ruling as determined on appeal, the verdict is simply reinstated. Id. at 216. Thus, the Commonwealth has the right to one appeal in all criminal cases except in cases where an appeal would violate double jeopardy principles.