Court: |
Supreme Court of Pennsylvania |
|
Facts: |
Gunplay and brandishing on a bus in response to bottle-throwing.
Russian-roulette-style shooting of bus seat kills person cowering
behind it. |
|
Posture: |
Waived right to jury trial, was convicted; post-trial motions denied. Appealed. |
|
Issue: |
Was there evidence of malice? |
|
Holding: |
Yes. Affirmed. |
|
Rule: |
Intentional doing of an uncalled-for act in callous disregard of likely
harmful effects is the kind of malice we're talking about here. |
|
Reasoning: |
Defendant should have known there was still someone on the bus, and that
random shooting in an occupied bus might precipitate death. |
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Dicta: |
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