Supreme Court of Pennsylvania, 2011

Commonwealth v. Bennett

Commonwealth v. Bennett
Supreme Court of Pennsylvania · Decided November 22, 2011
612 Pa. 597; 32 A.3d 586; 2011 Pa. LEXIS 2808

Commonwealth v. Bennett

Opinion of the Court

*598 ORDER

PER CURIAM.

AND NOW, this 22nd day of November 2011, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

(1) Does the Superior Court’s published decision overturning [respondent’s] first-degree murder conviction on the basis of a supposedly defective accomplice liability instruction overlook and contradict this Court’s precedent?
(2) In the alternative, did the Superior Court contravene this Court’s precedent by failing to modify the judgment to the lesser-included offense of second-degree murder, which was unaffected by the supposedly erroneous jury instruction?

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