State v. Guthrie

Facts: D was a dishwasher at a restaurant. His co-workers teased him, and he stabbed one of them in the neck. The D suffered from "a host of psychiatric problems," including frequent panic attacks and obsession with his nose.

Procedural History: jury verdict of first degree murder

Issue: Was the murder "premeditated"?

Reasons: There must be some time lapse between the intent to kill and the actual killing. "Any . . . intentional killing, by its spontaneous and nonreflective nature, is second degree murder."

Judgment: Reversed

Comments: Activities that supports a finding of first degree murder (three categories): "1) planning activity - facts regarding the defendant's behavior prior to the killing which might indicate a design to take life; 2) facts about the defendant's prior relationship or behavior with the victim which might indicate a motive to kill; and 3) evidence regarding the nature or manner of the killing which indicate a deliberate intention to kill according to a preconceived design." (See People v. Anderson, 447 P.2d 942 (1968)).