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Criminal Law Simons, Volume III

People v. Morrin

The difference between first degree murder and second degree murder is significant (literally, the difference between life and death). And that difference turns on the definition of "premeditation and deliberation"--something courts (and, perhaps, juries) have struggled with. The next two cases, Morrin and Guthrie, present different approaches to that definition.

In Morrin, we see a court wrestling with the meaning of the common law concept of "premeditated and deliberate." As you read Morrin, consider these questions: 

1. What crime was Morrin charged with? What are the elements of that crime?

2. What was Morrin's defense at trial? What was the result at trial?

3. On appeal, is Morrin complaining about the jury instructions or the sufficiency of the evidence?

4. How does the appellate court define "premeditation and deliberation"?