Malone (defendant), age 17, and his mother were staying with the family of William H. Long, age 13. Malone obtained a gun from his uncle and Long obtained a cartridge from his father’s room. Both say in the rear of a store when Malone suggested that they play “Russian poker” (also known as Russian roulette). Long consented and Malone then placed the revolver against the right side of Long’s head and pulled the trigger three times. The third time Malone pulled the trigger, the cartridge fired striking Long. Long eventually died from his wounds. Malone was charged with murder. At his trial, Malone testified that he had no intention of harming Long. Malone was found guilty of second-degree murder and he appealed, arguing that the facts only warranted a conviction for involuntary manslaughter.