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Originally Posted by nik-
How is it damning? Knowing each other doesn't prove intent in any way at all, and it certainly doesn't prove premeditation, so a 1st degree charge would lose. He didn't immediately set out to kill him or he would have shot him, so a 2nd degree charge would lose.
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premeditation can be established in seconds, ironically lack of anger is the key, if you beat someone to death or shoot them in anger you still intended to kill them but your anger can be argued prevented premeditation, to strangle someone over 4 or 5 minutes when you are not enraged is text book 1st degree murder, do not make the mistake of thinking premeditation requires planning, it just requires a person doing something they know will lead to the death without a mitigating circumstance