Commonwealth v. Austin

CONCURRING OPINION BY

TODD, J.:

¶ 1 While I agree with the Majority that the conviction for second-degree murder must be vacated, I come to that conclusion by a somewhat different route, and thus concur in the result on that issue. In all *1224other respects, I join the Majority opinion of my esteemed colleagues.

¶ 2 I conclude that the Majority’s analysis, to the degree that it infers specific factual findings from the jury’s acquittal of Appellant on the robbery charge, is not in accordance with Pennsylvania caselaw. Our Supreme Court has been emphatic that “an acquittal cannot be interpreted as a…