Deliberatipit

Balancing, weighing: consideration; reflection; meditation, premeditation. 1. When a man passes a thing by deed, there is a determination of the mind to do it, the writing, the signing, the sealing, and the delivery; and henc^e his deed imports consideration, viz.: the will of the maker. ^ 3. Slander in print is graver than slander by word of mouth, because it is not only disseminated wider, but is accompanied with greater coolness and deliberation.^ 3. In describing a crime, " deliberate " imports 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 decision thereon; that he carefully considers all these; that the act is not committed suddenly.^ If an intention to kill exists, it is w Uliul; if this in- ^tention be accompanied by such circumstances as evidence a mind fully conscious of its own purpose and design, it is deliberate." > Sanborn v. Carleton, 15 Gray, 403 (1860), Shaw, C. J. See 2 Kent, 633. 2 Warner v. Martin, 11 How. 228 (1850), cases, Wayne, J. See Story, Agency, § 13. » Commissioners v. Lash, 89 N. 0. 170 (1863), Smith, C. J. See 71 AJa. 28; 3 Dak. T. 395; il N. J. E. 618; 63 Pa. 85. * Van Slyke v. Trempealeau Ins. Co., 39 Wis. 392 (1876), cases, Eyap, C. J.; Eunkle v. United States, 133 U. S. B57 (188T),— as to the President of the United States; Cooley, Const. Lim. 116, cases. 3 Cooley, Const. Lim. 124, cases. See also Commonwealth V. Smith, 141 Mass. 140 (1886). See generally 21 Am. Law Eev. 936-54 (1887), cases; 26 id. 74-94 (1888), cases. 'Smith, Contr. 14; Williams, E. P. 143. ' Addison, Torts, 765. The statutory rule of deliberation and premeditation requires that the act be " done with reflection " and "conceived beforehaqd." ' *' Deliberate " is from Latin words, which mean " concerning " and " to weigh." As an adjective it means that the manner of the performance was determined upon after examination and reflection— that the consequences, chances, and means were weighed, carefully considered and estimated. "Premeditated " means, literally, planned, contrived or schemed beforehand. It is not only necessary that the accused should plan, contrive and scheme, as to the means and manner of the commission of the deed, but that he should consider different means of accomplishing the act. He must '' weigh " the modes of consummation which his premeditation suggests, and determine which is the most feasible. ^ In some States "deliberate and premeditated " are applied to the malice or intent, not to the act, and thus seem to require a purpose brooded over, formed, and matured before the occasion at which it is carried into act. 8 See further Premeditate; Will, 1.