Commonwealth v. Bennett, T., No. (Granted) (petitions for allowance of appeal)
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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 372 EAL 2011 ` : Petitioner : Petition for Allowance of Appeal from the : Order of the Superior Court : v. : : : TONY L. BENNETT, : : Respondent : : 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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