Commonwealth v. McDaniels

OPINION BY

MONTEMURO, J.:

¶ 1 In this highly unusual Commonwealth appeal, we are asked to determine *684the validity of a jury verdict of not guilty as to a charge of third degree murder, when the jury had originally declared that it was unable to reach a verdict on both the third degree murder charge and an additional involuntary manslaughter charge, the original verdict had been recorded, and the jury discharged. Because we find that the court’s dismissal of the jury’s original verdict was improper, we reverse and remand for reinstatement of the charge of third degree murder.

¶2 In October of…