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ORDER
PER CURIAM. The order of Superior Court affirming the appellant’s conviction for third degree murder is affirmed. While the killing was unintentional there was plainly sufficient evidence to show that the appellant “consciously disregarded an unjustified and extremely high risk that his actions might cause death or serious bodily harm.” Commonwealth v. Young, 494 Pa. 224, 228, 431 A.2d 230, 232 (1981). See also Commonwealth v. Drum, 58 Pa. 9, 15 (1868) (malice exists “where there is wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty ... ”).
Document Info
Docket Number: No. 57 E.D. Appeal Docket, 1984
Citation Numbers: 506 Pa. 460, 485 A.2d 1097, 1984 Pa. LEXIS 378
Judges: Flaherty, Hutchinson, Larsen, McDermott, Nix, Papadakos, Zappala
Filed Date: 12/18/1984
Precedential Status: Precedential
Modified Date: 11/13/2024