Commonwealth v. Malone
Pennsylvania Supreme Court
47 A.2d 445 (1946)
Relevant factsFree
Malone (defendant), age 17, suggested playing "Russian poker" with his friend Long, and after both had pulled the trigger of a revolver against Long's head without effect, Malone pulled it a third time and the cartridge fired, killing Long; Malone testified he had no intention of harming Long, but was convicted of second-degree murder and appealed, arguing the facts warranted only involuntary manslaughter.
IssueFree
Whether, if an individual commits an act of gross recklessness for which he must reasonably anticipate that death to another is likely to result, he exhibits that wickedness of disposition and cruelty which proves he possessed malice.