Intentional homicide

Question 1

What is the holding for State v. Guthrie?

Answer 1

Premeditation is:
- Killing done after a time for prior consideration
- Duration not fixed
- As long as defendant is “fully conscious of what he intended,” it’s sufficient for first degree murder

Question 2

Hatfield

Answer 2

Premeditation—thinking about beforehand (quantitative)

Deliberation—cool mind that can reflect (qualitative)

Question 3

What was the holding in Midgett v. State?

Answer 3

Didn’t intend to kill, rather only intended to abuse child. So no evidence of premeditation or deliberation for killing. 1st degree statute for state requires premeditation and deliberation so dropped from 1st to 2nd degree.

Question 4

How does State v. Forrest define premeditation and deliberation?

Answer 4

Killing w/ premeditation and deliberation are: (1) want of provocation on the part of the deceased; (2) the conduct and statements of the defendant before and after the killing; (3) threats and declarations of D before and during the course of the occurrence giving rise to the death of the deceased; (4) ill-will or previous difficulty between the parties; (5) the dealing of lethal blows after the deceased has been felled and rendered helpless; and (6) evidence that the killing was done in a brutal manner.