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COM. v. McDANIELS

886 A.2d 682 (2005)

COMMONWEALTH of Pennsylvania, Appellant, v. Audrey McDANIELS, Appellee.

Superior Court of Pennsylvania.

Filed October 13, 2005.

Reargument Denied December 13, 2005.

Attorney(s) appearing for the Case

Hugh J. Burns, Jr., Asst. Dist. Atty., and Max Kaufman, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Samuel C. Stretton, W. Chester, for appellee.

BEFORE: MUSMANNO, MONTEMURO and KELLY, JJ.

OPINION BY MONTEMURO, J.:

¶ 1 In this highly unusual Commonwealth appeal, we are asked to determine the validity of a jury verdict of not guilty as to a charge of third degree murder, when the jury had originally declared that it was unable to reach a verdict on both the third degree murder charge and an additional involuntary manslaughter charge, the original verdict had been recorded, and the jury discharged. Because...

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