Premeditation

A design formed to commit a crime or to do some other thing before it is done. Premeditation differs essentially from "will," which constitutes the crime; because it supposes, besides an actual will, a deliberation and a continued persistence, which indicate more perversity. It is also to be distinguished from "deliberation." "Premeditation" implies merely previous contrivance or formed design, and does not necessarily exclude acts on a sudden impulse. "Deliberation" implies reflection upon the act before committing it. Fixed and determined purpose, as distinguished from sudden impulse. 58 Pa. St. 9. PREMISES (Lat. prae, before, mittere, to put, to send). That which is put before; In Conveyancing. That part of a deed ■which precedes the habendum, in which are set forth the names of the parties, with their titles and additions, and in which are recited such deeds, agreements, or matters of fact as are necessary to explain the reasons upon which the contract then entered into is founded; and it is here, also, the consideration on which it is made is set down, and the certainty of the thing granted. 2 Bl. Comm. 298; 8 Mass. 174; 6 Conn. 289. In Equity Pleading. The stating part of a bill. It contains a narrative of the facts and circumstances of the plaintiff's case, and the wrongs of which he complains, and the names of the persons by whom done, and against whom he seeks redress. Cooper, Eq. PL 9; Bart. Suit in Eq. 27; Mitf. Eq. PL (Jeremy Ed.) 43; Story, Eq. PL § 27. Every material fact to which the plaintiff intends to offer evidence must be stated in the premises; otherwise, he will not be permitted to offer or require evidence of such fact. 1 Brown, Ch. 94; 3 Swanst. 472; 3 P. Wms. 276; 2 Atk. 96; 1 Vern. 483; 11 Ves. 240; 2 Hare, 264; 6 Johns. (N. Y.) 565; 9 Ga. 148. In Estates. Lands and tenements. 1 East, 453; 3 Maule & S. 169. PREMIUM (from Lat. praemium, reward). The sum paid or agreed to be paid by an assured to the insurers, as the consideration for the insurance; being a certain rate per cent, on the amount insured. 1 Phil. Ins. 205; 3 Kent, Comm. 253. The price of a risk. PREMIUM PUDICITIAE (Lat. the price of chastity). The consideration of a contract by which a man promises to pay to a woman with whom he has illicit intercourse a certain sum of money. In the civil law, sometimes applied to the compensation recovered for loss of chastity.

A design formed to commit a crime or to do some other thing before it is done. State v. Coella, 3 Wash. 99, 28 Pac. 28. Intent before the act, but not necessarily existing any extended time before. Killins v. State, 28 Fla. 313, 9 South. 711. Premeditation differs essentially from ivill, which constitutes the crime; because it supposes, besides an actual will, a deliberation, and a continued persistence which indicate more perversity. The preparation of arms or other instruments required for the execution of the crime are indications of premeditation, but are not absolute proof of it; as these preparations may have been intended for other purposes, and then suddenly changed to the performance of the criminal act. Murder by poisoning must of necessity be done with premeditation. See Malice.