NO. 57 EASTERN DISTRICT APPEAL DOCKET, 1984, Appeal from Order of Superior Court at No. 3269, Philadelphia Term, 1981, dated November 25, 1983, Affirming Judgment of Sentence of Montgomery County Court of Common Pleas at No. 2174-80, dated November 23, 1981
David Rudovsky, Philadelphia, for appellant.
Joseph A. Smyth, Dist. Atty., Ronald T. Williamson, Chief, Appeals Div., Asst. Dist. Atty., for appellee.
Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ.
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 . . .").