COMMONWEALTH V. ATENCIO
345 Mass. 627, 189 N.E.2d (1963)
NATURE OF THE CASE: Atencio (Ds) appealed their convictions by the trial court on charges
of manslaughter and the illegal carrying of a gun, in violation of Mass. Gen. Laws ch. 269,
10 (1957), arising from a fatal 'game' of Russian roulette.
FACTS: The deceased, his brother Ronald, and Ds spent the day drinking wine in the
deceased's room in a rooming house in Boston. Eventually one of the party want out and
procured a gun and removed one of the bullets from its chambers. The conversation turned to
'Russian roulette.' The 'game' was played. The deceased and Atencio (D) were seated on a
bed, and Marshall (D) was seated on a couch. Marshall examined the gun, saw that it
contained one cartridge, and, after spinning it on his arm, pointed it at his head, and
pulled the trigger. Nothing happened. He handed the gun to Atencio, who repeated the
process, again without results. Atencio passed the gun to the deceased, who spun it, put it
to his head, and pulled the trigger. The cartridge exploded, and he fell over dead. Both
parties Ds were convicted of manslaughter and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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