LAW 604 Lecture Notes - Lecture 35: Russian Roulette, Homicide
Document Summary
Commonwealth v. malone (pa 1946): two teenagers played russian roulette, both were friends. D pulled the trigger 3 times and the gun fired, killing his friend. Appealed conviction on the grounds that he had no intention to kill his friend. 2nd degree murder only needs an action that is in gross recklessness which could mean evil in design; the dictate of a wicked, depraved and malignant heart . D"s wanton and reckless disregard of the consequences of pointing a gun at his friend"s head shows a depraved and malignant heart . When mpc uses gross recklessness, they mean actual awareness of the risk of death under circumstances showing extreme indifference to the value of human life. 1 (1) criminal homicide constitutes murder when (b) it is committed recklessly under circumstnaces manifesting extreme indifference to the value of human life. Mpc official commentaries, comment to 210. 2 at 21-22(1980):
