Commonwealth v. Whildin

Koch, P. J.,

— We are called upon to interpret the Act of May 8, 1876, P. L. 146, which says: “That any person within this Commonwealth who shall playfully or wantonly point or discharge a gun, pistol or other firearm at any other person shall be guilty of a misdemeanor.” What does “wantonly” mean? We will first refer to the facts in the case.

The defendant stands convicted of involuntary manslaughter and of wantonly pointing a pistol. The jury acquitted him on the first count in each of the above-mentioned indictments.

According to the evidence, one Thomas Malloy was shot in the sternum by the…