Commonwealth v. Malone

Commonwealth v. Malone, 354 Pa. 180, 47 A.2d 445 (1946),[1] was a case decided by the Supreme Court of Pennsylvania that affirmed the conviction of a teenager for second degree murder.

"[3] The case is often used to exemplify depraved-heart murder – that is, cases where there is such recklessness and indifference to life and risk of death as to fulfill the mens rea for murder despite the fact that the killing of the specific victim was unintentional.

Malone suggested that the two play "Russian poker", to which Long consented.

Malone then pressed the gun against Long's head and pulled the trigger three times.

[7] 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.