Commonwealth v. Malone
Pennsylvania Supreme Court
47 A.2d 445 (1946)
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.
Rule of Law
Holding and Reasoning (Maxley, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.