Case History: Forrest was charged and convicted in the Supreme Court of North Carolina and was found guilty of first degree murder. The state specified to the nonexistent of any statutory factors under N.C.G.S. The case was tried as a non-capital case, and the defendant was sentenced to life in prison. In court, Forrest argued that the trial had committed a reversible error regarding the issue of malice and that they should not have submitted the issue of first degree murder due to insufficient evidence on premeditation and deliberation. The court did not agree and overruled the argument of error (State v. Forrest, 1987).
Facts: In December 22, 1985, Forrest's father was taken to the hospital where it was confirmed that his father was in …show more content…
The answer is yes. There are six factors a court looks to in order to justify whether a murder was premeditated and deliberate. These include: (1) the lack of provocation from the victim; (2) the actions and words of the defendant before and after the killing; (3) any threats on the part of the defendant before or during the killing; (4) whether the victim and the defendant have had a conflicting history; (5) whether there was an additional lethal attack after the victim was already helpless; and (6) evidence of brutality. In this specific aspect, there was enough proof that Forrest did kill his father with premeditation and deliberation. Just before the killing, thre was evident that his father did nothing to provoke Forrest to kill him. His father was lying in the hospital bed helpless when Forrest shot him. In addition, evidence showed that Forrest had shot his father four times with a gun that required him to cock the gun each time before firing. Forrest’s own words after the killing were particulary reveling that he had in fact thought about killing his father to end his sufferening. Based on Forrest’s statements and other circumstantial evidence, there was enough evidence to prove premeditation and deliberation and support the court’s decision to submit the issue of first degree
Facts: In December 22, 1985, Forrest's father was taken to the hospital where it was confirmed that his father was in …show more content…
The answer is yes. There are six factors a court looks to in order to justify whether a murder was premeditated and deliberate. These include: (1) the lack of provocation from the victim; (2) the actions and words of the defendant before and after the killing; (3) any threats on the part of the defendant before or during the killing; (4) whether the victim and the defendant have had a conflicting history; (5) whether there was an additional lethal attack after the victim was already helpless; and (6) evidence of brutality. In this specific aspect, there was enough proof that Forrest did kill his father with premeditation and deliberation. Just before the killing, thre was evident that his father did nothing to provoke Forrest to kill him. His father was lying in the hospital bed helpless when Forrest shot him. In addition, evidence showed that Forrest had shot his father four times with a gun that required him to cock the gun each time before firing. Forrest’s own words after the killing were particulary reveling that he had in fact thought about killing his father to end his sufferening. Based on Forrest’s statements and other circumstantial evidence, there was enough evidence to prove premeditation and deliberation and support the court’s decision to submit the issue of first degree