Premeditate

To think of beforehand

To think of in advance; to determine upon beforehand; to intend, design. To plan, contrive, or scheme beforehand. ^ A " premeditated design" to kill means simply an intent to kill. Design means intent, and both words essentially imply " premeditation." Premeditation does not exclude sudden intent, and need not be slow or last long.' " Premeditated " has been invariably defined by the supreme court of Missouri as " thought of beforehand for any length of time, however.short." ' The execution of the guilty purpose must be settled upon reflection. A full and determined pm*pose is necessary, as distinguished from an impulsive fatal act. No particular period of time is requisite, but still deliberation must take place. ^ " Deliberation and premeditation " imply that the act has been " done with reflection," " conceived beforehand." Some time for deliberate reflection is necessary.*" A charge of killing with " premeditation " means that there was design or intent before the act; that is, that the accused planned, contrived and schemed beforehand to kill. A killing with " deliberation " means that the act was determined upon after reflection, and that " the consequences, chances, and means were weighed, carefully considered and estimated." *" A design to kill must precede the killing by some 1 West V. Smith, 101 U. S. 273 (1879), cases. ! Hoghton V. Hoghton, 15 Beav. 321 (1858). s Durant v. Essex Company, 7 Wall. 109 (1868), Field, Judge. * County of Mobile v. Kimball, 102 U. S. 705 (1880), Field, J.; Eagsdale v. Vicksburg, &c. R. Co., 63 Miss. 488 (1884); Mobile, &c. E. Co. v. Davis, ib. 271 (1884). » [Craft V. State, 3 Kan. 483 (1866), Crozier, C. J. » [Hogan V. State, 36 Wis. 244 (1874), Ryan, C. J. ' State V. Harris, 76 Mo. 363 (1882), Norton, J. ' People V. Mangano, 89 Hun, 262 (1883), Cullen, J. • Simmerman v. State, 14 Neb. 569 (1883), Lake, C. J. appreciable space of time. But the time need not be long. It must be suiflcient for some reflection and consideration upon the matter, for choice to kill or not to kill, and for the formation of a definite purpose to kill. When the time is suf Bcient for this, it matters not how brief it is. The mind acts with a celerity which it is sometimes impossible to measure, and whether a deliberate and premeditated design to kill was formed must be determined from all the circumstances of the case.' The killing must be a pre-determined killing upon consideration, and not a sudden killing' upon a momentary excitement and impulse of passion, upon provocation given at the time, or so recently before.as not to allow time for reflection. This design may be formed at the moment of the commission of the act.* The law leaves the existence of a fully formed intent as a fact to be determined by the jury from all the facts in evidence.' See DELmERATioN, 3;.Drunkenness; Murder.

To think of an act in advance; to design, intend, or plan. It is used particularly of crimes, and especially of murder. It implies intent before the act, but not necessarily an intent existing any extended time before the act. See Aforethought; Murder. " Premeditated " implies an interval between the design and the commission of the act. Sullivan u. People, 1 Park. Cr. 347. The words premeditated design to effect death, in a statute defining murder in the first and second degrees, merely signify an intent to kill, and do not exclude a sudden intent. Hogan ». State, 36 Wis. 226.