COMMONWEALTH V. MALONE 354 Pa. 180, 47 A.2d 445 (1946) CASE BRIEF

COMMONWEALTH V. MALONE

354 Pa. 180, 47 A.2d 445 (1946)

NATURE OF THE CASE: This was an appeal from a second degree, depraved heart. murder conviction. Malone (D) appealed a jury verdict which found d guilty of murder in the second degree in an action brought by the Commonwealth (P) for the death of D's friend.

FACTS: William H. Long, age 13 years, was killed by a shot from a 32-caliber revolver held against his right side by D, then aged 17 years. These youths were on friendly terms at the time of the homicide. Earlier D went to a moving picture theater and in the pocket of his raincoat was a revolver which he had obtained at the home of his uncle on the preceding day. In the afternoon preceding the shooting, William had procured a cartridge from his father's room and he and D placed it in the revolver. After leaving the theater, D went to a dairy store and there met the decedent. Both youths sat in the rear of the store ten minutes, during which D took the gun out of his pocket and loaded the chamber to the right of the firing pin and then closed the gun. D suggested to the decedent that they play 'Russian Poker'. William replied: 'I don't care; go ahead'. D then placed the revolver against the right side of William's head and pulled the trigger three times. The third pull resulted in a fatal wound. He died from the wounds two days later. D testified that the gun chamber he loaded was the first one to the right of the firing chamber and that when he pulled the trigger he did not 'expect to have the gun go off'. He declared he had no intention of harming William who was his friend and companion. D was indicted for murder, tried and found guilty of murder in the second degree. D appealed; the facts only support a conviction of involuntary manslaughter

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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