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Commonwealth v. Miller

IN THE SUPREME COURT OF PENNSYLVANIA DISTRICT


September 29, 2010

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
ANTOINE MILLER, RESPONDENT

Per curiam.

Petition for Allowance of Appeal from the Order of the Superior Court dated November 23, 2009, vacating in part the Judgment of Sentence of the Court of Common Pleas of Delaware County

ORDER

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?

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).

20100929

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