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607 Pa. 305

5 A.3d 814

Commonwealth v. Miller

Supreme Court of Pennsylvania

Decided September 29, 2010

Supreme Court of Pennsylvania · decided 2010-09-29

Cited by 1 later decisions — most recently January 2012

1 state decisions

Relies on United States v. Powell · Commonwealth v. Magliocco

Good law ✅— No negative treatment on recordhow we know

Decided 2010-09-29

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¶1 ORDER

PER CURIAM.

¶2 AND NOW, this 29th 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?

¶3 In their briefs, the parties are to address specifically the applicability of this Court’s decision in Commonwealth v. Magliocco, 584 Pa. 244, 883 A.2d 479, 493 (2005), and the U.S. Supreme Court’s decision in U.S. v. Powell, 469 U.S. 57, 105 S.Ct. 471, 83 L.Ed.2d 461 (1984).

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