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Originally Posted by MUD  How would the prosecutor know that he didnt plan it in advance. It seems that pulling a weapon and firing a round into somebody takes some kind of planning..doesnt it |
Knowing and proving beyond a reasonable doubt are VERY different things.
But if he had the gun with him and they argued and he became angry and used the gun then that's second degree.
If he pulled up the plans to where she lived, bought a gun from someone thinking it couldn't be traced back to him, drove to where she lived, hid in the closet, waited for her to come home, opened the door and fired, he had a plan for escape and executed that plan, then they've got premeditation.
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