Gutherie: Deliberate/Premeditated


Murder in the first degree consists of an intentional, deliberate and premeditated killing which means that the killing is done after a period of prior consideration. The duration of that period cannot be arbitrarily fixed. The time in which to form a deliberate and premeditated design varies as the minds and temperaments of people differ, and according to the circumstances in which they may be placed.

Any interval of time between the forming of the intent to kill and the execution of that intent, which is sufficient duration for the accused to be fully conscious of what he intended, is sufficient to support a conviction for first degree murder.