Deliberation

The act of the understanding by which a party examines whether 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 accomplishing that end, or to both. It is a presumption of law that all acts committed are done with due deliberation, — that the party intended to do what he has done. But he may show the contrary. In contracts, for example, he may show that he has been taken by surdent, and not with deliberation, — that, in fact, there was no intention or will. In relation to crime, it implies a weighing of the motives for the act and its consequences, with a view to decision thereon. 28 Iowa 524. "Deliberation"' is not synonymous with "premeditation." "Deliberation is prolonged premeditation." 74 Mo. 247. See "Malice Aforethought." It does not mean brooded over, reflected upon for a week, a day, or an hour, but it means an intent^ executed, not under the influence of violent passion, but in the furtherance of a formed design. 66 Mo. 13. In Legislation. The council which Is held touching some business in an assembly having the power to act in relation to it.