Johnson v. Commonwealth

I agree with a majority of the court that the judgment ought to be reversed on the ground that the evidence, accepted in the light most favorable to the Commonwealth, is not sufficient to show that the offense charged was committed with malicious intent. At most, there is proof only of an unlawful act. The grounds of reversal in the opinion of the Chief Justice are, I believe, contrary to reason and authority. It looks to me like making bad law to accomplish a good purpose, a purpose which can be attained under settled and accepted principles.

The opinion of the Chief Justice holds, first,…