Case BriefCrim law, Homicide, depraved heart murder (murder 2nd)Hughes, 2/21/15Identity of CaseCommonwealth v. Malone, 47 A.2d 445 (Pa. 1946)Page 374 of the casebookSummary of Facts/Procedural HistoryMalone, 17, partially loaded a gun and went to the theater with it, then met up with the decedent, a 13 year old friend, at a dairy store. They were sitting together, Malone suggested they played Russian roulette, spun the wheel, and shot at his friend. Friend died. Malone convicted of 2nd degree murder.Appeals based on a lack of malice. Judgment affirmed. Statement of the IssueCan malice be proved without actual intent to kill? HoldingYes, it’s called “depraved heart murder.” Mental state= wanton and reckless disregard for human life. ReasoningReckless conduct that results in the death of another is malice at common law. Malice is not limited to intent (when the recklessness is severe enough). In this case the defendant knew the gun was loaded. He was also 17, and should’ve known better. Pullingthe trigger was also intentional.
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