D's indictment contained two counts. Count 2 charged that D intentionally killed Dana Northington by suffocation. Count 1 charged that D 'did recklessly engage in conduct which manifested extreme indifference to human life and created grave risk of death to the person of Dana Northington, and the said conduct did hereby cause the death of Dana Northington, by withholding food and medical attention from the said Dana Northington . . . .' At the close of P's evidence defense counsel requested the trial judge to exclude Count 1 of the indictment from the consideration of the jury. D argued that he could not be convicted of a count charging 'universal malice' where the criminal acts of the accused were directed solely at the deceased and where the method of death alleged in the indictment (starvation) required a specific intent. D was convicted on both counts and appealed.

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