Citation Codes Equivalent Citations citation codes Docket Number No. 991 MAL 2009. See more information ... Smart Summary Please sign up to generate summary. OPINION COMMONWEALTH of Pennsyl v. nia, Petitioner ORDER PER CURIAM. 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, 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).