Commonwealth v. Malone: Difference between revisions
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|case_treatment=No | |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 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. | ||
|issues=Should the defendant have been charged with involuntary manslaughter? | |issues=Should the defendant have been charged with involuntary manslaughter? | ||
Revision as of 21:25, March 21, 2022
| Commonwealth v. Malone | |
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| Date decided | |
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.
Issues
Should the defendant have been charged with involuntary manslaughter?
Arguments
D said that had no intention of harming his friend.
Holding
Second degree murder is proper.
Judgment
Affirmed.
Reasons
An essential ingredient of 2nd degree murder is a specific intent to take life. "Malice" does not necessarily mean "malevolence." D intentionally did the act in "reckless and wanton disregard of the consequences which were at least sixty percent certain. . ."
