Commonwealth v. McKinney

By

Judge David W. Lannetti

Today the Court rules on the motion filed by Defendant Robert McKinney to set aside the verdict returned by a jury and entered by the Court on April 2,2015, convicting him of using a firearm in the commission of murder, and to dismiss the related indictment. The issues before the Court are: (1) whether McKinney was convicted of a crime different from the one charged in his indictment; (2) whether the verdict form allowing the jury to find McKinney guilty of “Use of a Firearm in the Commission of a Felony as charged in the indictment” is inconsistent with the related…