Deliberate

Defined in 4 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

To examine, to consult, in order to form an opinion. Thus, a jury deliberates as to their verdict.

Ballentine's Law Dictionary

James A. Ballentine · 1916

Premeditated.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

To examine, to consult, in order to form an opinion. Thus, a jury deliberate as to their verdict. er a thing proposed ought to be done or not to be done, or whether it ought to be done in one manner or another. The deliberation relates to the end proposed, to the means of accomplishim: that end, or to both. It is a presumption <>f law that all acts are done with due dell tion, — that the party Intended to do what be has done. But he may show the contrary. In contracts, for example, he may show that he has been taken by surp. d when a criminal act is charged, he may prove that it was an accident and not with deliberation,— that, in fact, there was no intention or will. See 18 Am. Dec. 778, n. By the use of this word in describing the crime of murder In the first degree, the idea is conveyed that the perpetrator weighs: motives for the act, and its consequeno the nature «>f the crime, or other things connected with his intentions, with a view to a decision thereon, that he carefully considers all these, and the act is not suddenly committed; State v. Boyle, 28 la. 524. B state v. Wieners. 66 Mo. 13; Nye v. People.:;."» Mich. 16; Intent; Mubobb; Mu.i Cooling Time; Will. In Legislation. Counsel or consultation touching some business in an assembly having the power to act in relation to it.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

adj. By the use of this word, in describing a crime, the idca is conveyed that the perpetrator weighs the motives for the act and its consequences, the nature of the crime or other things connected with his intentions, with a view to a decision thereon; that he carefully considers all these; and that the act ls not suddeniy committed. It implies that the perpetrator must be capable of the exercise of such mental powers as are called into use by deliberation and the consideration and weighing of motives and consequences. State v. Boyle, 28 Iowa, 524. "Deliberation" and "premeditation" are of the same character of mental operations, differing only in degree. Deliberation is but prolonged premeditation. In other words, in law, deliberation is premeditation in a cool state of the blood, or, where there has been heat of passion, it is premeditation continued beyond the period within which there has been time for the blood to cool, in the given case. Deliberation is not only to think of beforehand, which may be but for an instant, but the inclination to do the act is considered, weighed, pondered upons for such a length of lime after a provocation is given as the jury may find was sufficient for the blood to cool. One in a heat of passion may premeditate without deliberating. Deliberation is only exercised in a cool state of the blood, while premeditation may be either in that state of the blood or in the heat of passion. State v. Kotovsky, 74 Mo. 249; State v. Iind-grind, 33 Wash. 440, 74 Pac. 565; State v. Dodds, 54 W. Va. 289. 46 S. E. 228; State v. Fairlamb, 121 Mo. 137, 25 S. W. 895; Milton v. State. 6 Neb. 143; State v. Greenleaf, 71 N. H. 606, 54 Atl. 38; State v. Fiske, 63 Co.nn. 388, 28 Atl. 572; Craft v. State, 3 Kan. 481; State v. Sneed, 91 Mo. 552, 4 S W. 411: Debney v. State, 45 Neb. 856, 64 N. W. 446, 34 L. R. A. 851; Cannon v. State, 60 Aria 564, 31 S. W. 150.

v. To weigh, ponder, discuss. To examine, to consult, in order to form an opinion.