Commonwealth v. Malone

Commonwealth v. Malone, 47 A.2d 445 (1946), was a case decided by the Supreme Court of Pennsylvania that affirmed the conviction of a teenager for second degree murder stemming from a game of Russian roulette.^[1]

Decision

The court used common law analysis to determine that a game of Russian roulette evinced malice and recklessness towards a very serious risk, thus fulfilling the mens rea required for depraved heart murder despite the fact that the killing of the specific victim was unintentional.^[2]

References

1. ^ Bonnie, R.J. et. al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 797
2. ^ Bonnie, p. 798