Commonwealth v. Malone
47 A.2d 445 (1946)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
Malice, as an element of second-degree murder, may be inferred from an individual's intentional commission of an act of gross recklessness for which he must reasonably anticipate that death to another is a likely result.
Facts:
- The defendant, Malone (17), and the victim, William H. Long (13), were friends who resided in the same household.
- Malone obtained a revolver from his uncle's home the day before the incident.
- On the afternoon of the shooting, Long procured a cartridge, and he and Malone placed it into the revolver.
- That evening, at a dairy store, Malone suggested to Long that they play 'Russian Poker'.
- Long agreed to the suggestion.
- Malone then placed the muzzle of the revolver against Long's right side and pulled the trigger three times.
- The third pull of the trigger discharged the weapon, inflicting a fatal wound on Long.
- After the shot, Malone expressed surprise and sorrow, stating he did not intend to harm Long.
Procedural Posture:
- The defendant, Malone, was indicted for murder.
- Following a trial in the court of first instance, a jury found Malone guilty of murder in the second degree.
- The trial court sentenced Malone to a term of imprisonment of not less than five years and not exceeding ten years.
- Malone's motion for a new trial was refused by the trial court.
- Malone (as appellant) appealed the judgment and sentence to the Supreme Court of Pennsylvania.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does an individual's act of pointing a revolver loaded with one cartridge at another person and pulling the trigger three times, resulting in death, constitute murder in the second degree even if the individual did not have a specific intent to kill?
Opinions:
Majority - Mr. Chief Justice Maxey
Yes. An act of gross recklessness from which an individual should reasonably anticipate that death is likely to result demonstrates the malice required for murder in the second degree. The common law crime of murder is distinguished by malice, which is not necessarily a specific intent to kill but rather an 'evil design in general; the dictate of a wicked, depraved and malignant heart.' Second-degree murder in Pennsylvania includes every element of first-degree murder except the specific intent to kill. When Malone intentionally committed an act of gross recklessness—placing a gun he knew to contain a bullet against Long's body and pulling the trigger three times—he exhibited a 'wickedness of disposition, hardness of heart, cruelty, recklessness of consequences and a mind regardless of social duty' that constitutes malice. Even if the death was unintended and therefore 'accidental' in outcome, the act that caused it was not accidental, but rather a voluntary and wantonly reckless action. The lack of motive does not exculpate the accused, as motive is relevant but not a necessary element for a murder conviction.
Analysis:
This case is a foundational example of 'depraved heart' or 'implied malice' murder. It establishes that the mental state of malice required for murder does not demand a specific intent to kill. Instead, malice can be inferred from conduct that demonstrates an extreme and conscious disregard for the value of human life. This precedent significantly impacts homicide law by allowing for murder convictions in cases involving highly reckless acts, such as playing with loaded weapons or high-speed vehicle chases, where the defendant claims they did not intend for anyone to die. It solidifies the principle that the law will hold individuals accountable for the natural and probable consequences of their wantonly dangerous behavior.
Unlock the full brief for Commonwealth v. Malone