Supreme Court of Pennsylvania, 1868, 58 Pa. 9
-William Drum was charged with the murder of David Mohigan.
Issue: Was the jury's finding of first degree murder the correct charge given the evidence that was presented?
Holding: No, the jury should have explored second degree, and manslaughter equally they both relate to the necessary elements which were omitted at trial.
Procedure: Found guilty by jury for first degree murder, reversed and remanded.
-All murder not of the first degree is of the second degree, and includes all unlawful killing under circumstances of depravity of heart, and disposition of mind regardless of social duty, without the specific intent to kill.
1) the unlawful killing of another without expressed malice;
2) Implied malice (voluntary or in a sudden heat of passion); or,
3) Involuntary, but in commission of an unlawful act.
-It is for the jury to determine intent.
-The evidence given does not support first degree murder, when there was an absence of showing willful, deliberate, and premeditated intent.