Commonwealth v. Malone case brief

 

• Commonwealth v. Malone- (p.439)∆ age 17 had gun and π had a bullet. (They may have also loaded a bullet into the gun earlier that afternoon.) While the two boys were in a diner ∆ suggested they play Russian poker and the π consented. ∆ put the gun against his friends head and fired 3 times, killing him. ∆ was his friend and did not intend to kill him thus he contended he was guilty of involuntary manslaughter
  • When an individual commits an act of gross recklessness for which he must reasonably anticipate that death to another is likely to occur, he exhibits that wickedness of disposition, hardness of heart, and cruelty which proves that he possessed malice. (See also MPC §2.02(2)(c)- “under circumstancesmanifesting extreme indifference to the value of human life”)
    • He acted in wanton disregard of the consequences
  • It doesn’t matter like in Fleming that the chances for killing the boy was low, he is still a depraved heart murderer.
    • There is no good reason to play Russian roulette.