Commonwealth v. Malone
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.
According to the defendant, he loaded the gun chamber adjacent to the firing chamber and did not expect the gun to go off when he pulled the trigger.
The court used common law 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.
- Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York, NY: 2004, p. 797
- "Commonwealth v. Malone". Casebriefs. Retrieved 10 September 2014.
- Bonnie, p. 798