## Facts

- Arthur J. Haack received a .45-caliber revolver from an acquaintance to carry on the night of the homicide; it was loaded with four bullets.
- Haack rearranged the cylinder to place empty chambers under and adjacent to the hammer, believing the cylinder rotated in a way that would prevent firing.
- Haack attended a party and encountered the victim, a stranger to him.
- The victim questioned why Haack had a gun; Haack responded that he carried it because of the people he knew.
- After others urged the victim to leave Haack alone, the victim challenged Haack to shoot him.
- Haack drew the gun, cocked the hammer, pointed it at the victim, and pulled the trigger intending to frighten him; the gun fired and killed the victim.
- Haack stated he later learned some older .45 revolvers rotate in the opposite direction than he believed, resulting in a live round under the hammer.

## Issues

1. Whether the plea-record established a sufficient factual basis for second-degree murder, particularly the malice/intent element, where the defendant claimed he believed the gun would not fire and intended only to scare the victim.

## Decision

- The Michigan Supreme Court affirmed the conviction.
- The court held the plea colloquy supplied a sufficient factual basis for second-degree murder.
- The court concluded malice could be inferred from Haack’s admitted conduct of intentionally pointing a loaded firearm at the victim and pulling the trigger.
- Haack’s claim that he believed the gun would not fire did not negate malice as a matter of law at the factual-basis stage.

## Legal Principles

- Before accepting a guilty plea, a court must determine that the record provides a substantial factual basis for each element of the offense; the inquiry is whether a jury could properly convict on the facts admitted.
- For second-degree murder, malice may be shown by intent to kill, intent to cause great bodily harm, or wanton and willful disregard of the likelihood of death or great bodily harm.
- Malice may be inferred from the deliberate use of a deadly weapon in a manner naturally tending to cause death or great bodily harm.
- A plea need not be rejected because the defendant offers a self-serving characterization (e.g., “accident”); the factual-basis inquiry does not require the court to resolve defenses or grade the offense if the admissions support the charged elements.

## Conclusion

The court upheld Haack’s guilty plea to second-degree murder because his admissions—knowingly possessing a loaded revolver, pointing it at another person during a confrontation, cocking it, and pulling the trigger—permitted an inference of malice sufficient to establish a factual basis for the plea despite his assertion that he only intended to scare the victim and believed the gun would not fire.


People v. Haack, 396 Mich. 367, 240 N.W.2d 704 (Mich. 1976)