The Pennsylvania Supreme Court held that a defendant can be found to have acted with malice when the evidence shows that he recklessly used a gun in deliberate disregard of the danger posed to others.
Commonwealth v. Santos, 876 A.2d 360 (Pa. 2005).
Jean M. Mosites,
Malice Necessary to Convict for Third-Degree Murder in Pennsylvania Still Requires Wickedness of Disposition and Hardness of Heart: Commonwealth v. Santos,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol44/iss3/11