Commonwealth v. Malone 354 Pa. 180, 47 A.2d 445 (1946) Malone (17 years old) found a gun. He put one bullet in the chamber and asked his friend Long (13 years old) if they could play Russian Roulette. Malone pulled the trigger 3 times. The third chamber held the bullet. Malone claimed he thought that the bullet was in the final chamber. Malone was arrested and charged with murder. The Trial Court found Malone guilty of second-degree murder and sentenced him to 5-10 years in prison. He appealed. Malone argued that he did not intentionally or knowingly kill Long. Therefore his conduct did not rise to second-degree murder. At best, he was reckless, which would support a charge of manslaughter. The Pennsylvania Supreme Court upheld the sentence. The Pennsylvania Supreme Court found that Malone intentionally performed an act that had a very high chance of causing death. He did this with reckless disregard for the possible consequences. The Court found that such intentional doing of such an uncalled-for act in callous disregard of the consequences was enough to show malice and thus sustain a charge of second-degree murder. Some would call Malone's actions depraved indifference or extreme indifference. See Model Penal Code §210.2(1)(b), which treats an unintended killing as murder when it is committed recklessly and under circumstances manifesting extreme indifference to the value of human life.