-The son is then left alone with his father, the father coughs, wheezes, and the son (D) shoots him four times, cocking the gun each time, walks out, drops the gun. He is upset and does not deny shooting the father.
-No, the evidence is sufficient for a charge of first degree murder.
(Premeditation + Deliberation must be proved by circumstantial evidence)
1. Want of provocation on the part of the deceased.
2. D's conduct/statements before and after the killing.
3. Threats + declarations of D before and during the course of the occurrence.
4. Ill-will/previous difficulties between the parties.
5. Dealing of a lethal blow(s) after the victim felled/helpless.
6. Evidence that the killing was in a brutal manner.
7. (Can also look at the nature and number of the wounds)
Course: Criminal Law
Topics: Premeditation, Deliberation, First Degree Murder