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Criminal Law Simons, Volume III

State. v. Guthrie

In Guthrie, we see a difrent approach to defining the common law concept of "premeditated and deliberate." As you read Guthrie, consider the following questions:

1. What crime was Guthrie charged with? What are the elements of that crime? What did he do? What is his argument on appeal?

2. How did the trial court instruct the jury on the meaning of “premeditated and deliberate”?

3. Consider the definition in Schrader. Why does the court reject the Schrader definition?

4. How does the Guthrie court define “premeditated and deliberate”?

5. How does the definition in Morrin differ? Which definition do you prefer?