Editing Commonwealth v. Malone
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|subject=Criminal Law | |subject=Criminal Law | ||
|case_treatment=No | |||
|facts=Malone, 17, was friends with the decedent, 13. Malone took a revolver from his uncle's house the day before the shooting. They were sitting around in the back lot of a dairy store when Malone suggested they play "Russian poker." The decedent agreed. Malone put the revolver to the side of the decedent and pulled the trigger three times. The third time, the gun went off and mortally wounded his friend. | |facts=Malone, 17, was friends with the decedent, 13. Malone took a revolver from his uncle's house the day before the shooting. They were sitting around in the back lot of a dairy store when Malone suggested they play "Russian poker." The decedent agreed. Malone put the revolver to the side of the decedent and pulled the trigger three times. The third time, the gun went off and mortally wounded his friend. | ||
|procedural_history=Charged with 2nd degree murder. Convicted and sentenced to 5 to 10 yrs. Appealed. | |procedural_history=Charged with 2nd degree murder. Convicted and sentenced to 5 to 10 yrs. Appealed. | ||
