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Commonwealth v. Malone

Held. Yes. Judgment affirmed.
When an individual commits an act of gross recklessness without regard to the probability that death to another is likely to result, that individual exhibits the state of mind required to uphold a conviction of manslaughter even if the individual did not intend for death to ensue.

Malice, the state of mind required for murder, is evidenced where an individual performs an uncalled for act in disregard of its likely harmful effects on another.


Discussion. This case introduces the line drawing that courts must engage in to distinguish between murder and manslaughter with regard to unintentional killings.


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