Commonwealth of Pennsylvania, Petitioner v. Antoine Miller, Respondent (2010)

Supreme Court of Pennsylvania.

Commonwealth of Pennsylvania, Petitioner v. Antoine Miller, Respondent

No. 991 MAL 2009

Decided: September 29, 2010

ORDER

AND NOW, this 29 th day of September, 2010, the Petition for Allowance of Appeal is granted. The issue, rephrased for clarity is

Does an acquittal of the felony upon which a second-degree murder charge is predicated necessitate reversal of the jury's second-degree murder conviction?

In their briefs, the parties are to address specifically the applicability of this Court's decision in Commonwealth v. Magliocco, 883 A.2d 479, 493 (Pa.2005), and the U.S. Supreme Court's decision in U.S. v. Powell, 469 U.S. 57 (1984).

PER CURIAM

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