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Commonwealth v Drum
S. Ct. PA, 1868
Criminal
Author:- Sam Biers
Facts: William Drum charged with murder of David Mohigan.
Issue: Was the juries finding of first degree murder the charge that should have been issued for the evidence presented?
Holding: No, the jury should have explored second degree, and manslaughter equally as it relates to the necessary elements which were omitted at trial.
Procedure: Found guilty by jury for first degree murder, reversed and remanded.
Rule: All murder not of the first degree is of the second degree, and includes all unlawful killing under circumstances of depravity of heart, and disposition of mind regardless of social duty, without specific intent to kill.
Manslaughter is unlawful killing of another without malice, express or implied, which may be voluntarily in a sudden heat, or involuntarily, but in the commission of an unlawful act.
Intentions are to be determined by the Commonwealth, i.e. jury.
Reasoning: The evidence does not support first degree murder, when there was an absence or showing of wilful, deliberate, and premeditated intent as determined by the jury.