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COM. v. MILLER

No. 58 MAP 2010.

35 A.3d 1206 (2012)

COMMONWEALTH of Pennsylvania, Appellant v. Antoine MILLER, Appellee.

Supreme Court of Pennsylvania.

Decided January 20, 2012.

Attorney(s) appearing for the Case

Michelle P. Hutton , George Michael Green , John Francis X. Reilly , Delaware County District Attorney's Office, for the Commonwealth of Pennsylvania.

Mary L. Huber , Hugh J. Burns , Ronald Eisenberg , Philadelphia District Attorney's Office, Joseph E. McGettigan III , Rufus Seth Williams , Office of the District Attorney of Philadelphia County, for amici curiae.

William E. Ruane , Spiros Ernest Angelos , Delaware County Public Defender's Office, for Antoine Miller.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice McCAFFERY.

The question presented for our review implicates the issue of inconsistent verdicts in the context of a second-degree murder conviction. Because the Superior Court erroneously concluded that a jury's verdict of guilt on a second-degree murder charge and its acquittal on the predicate felony of robbery were impermissibly inconsistent and could not stand, we vacate the Superior Court's order.

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