Russian Poker

The Defendant, a 17-year-old, was on friendly terms with a 13-year-old companion at a store one evening. The Defendant had taken his uncle's revolver and loaded a single cartridge into one chamber, positioning it to the right of the firing pin. The two agreed to play what the Defendant called "Russian Poker." The Defendant placed the muzzle against his friend's side and pulled the trigger three times; on the third pull the weapon discharged, and the boy died two days later. The Defendant insisted he had not expected the gun to fire and bore his friend no ill will. The Prosecution charged him with murder, arguing that deliberately pointing a loaded revolver at a companion and pulling the trigger displayed a heart careless of human life. The Defense argued there was no intent to kill and that the death was a tragic accident.