Commonwealth v. Malone
Encyclopedia
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
.
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.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1946), was a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
decided by the Supreme Court of Pennsylvania
Supreme Court of Pennsylvania
The Supreme Court of Pennsylvania is the court of last resort for the Commonwealth of Pennsylvania. It meets in Philadelphia, Pittsburgh, and Harrisburg, Pennsylvania.-History:...
that affirmed the conviction of a teenager for second degree murder stemming from a game of Russian roulette
Russian roulette
Russian roulette is a potentially lethal game of chance in which participants place a single round in a revolver, spin the cylinder, place the muzzle against their head and pull the trigger...
.
Decision
The court used common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
analysis to determine that a game of Russian roulette evinced malice and recklessness towards a very serious risk, thus fulfilling the mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
required for depraved heart murder
Depraved heart murder
Depraved-heart murder, also known as depraved-indifference murder, is an American legal term for an action that demonstrates a "callous disregard for human life" and results in death...
despite the fact that the killing of the specific victim was unintentional.