Maestas v. People - 91 Colo. 36, 11 P.2d 227 (1932)

Rule:

The proof must establish deliberation and premeditation to support the verdict. Time, however, is not essential if there was a design and determination to kill formed in the mind of the defendant previous to or at the time the mortal wound was given. It matters not how short the interval, if it was sufficient for one thought to follow another, and the defendant actually formed the design to kill, and deliberated and premeditated upon such design before firing the fatal shot, this is sufficient to raise the crime to the highest degree known to the law. Premeditation and deliberation are matters of inference and presumption to be drawn by the jury from the facts and circumstances leading up to, surrounding and explanatory of the homicide.

Facts:

Defendant Joe Maestas shot the victim after a roadside altercation. Defendant was apprehended, and he admitted the shooting. However, he claimed that it was done in self-defense. The jurors were instructed upon the question of premeditation and deliberation. Defendant was convicted of murder in the first degree. On appeal, defendant contended that the evidence was insufficient to establish premeditation.

Issue:

Was there sufficient evidence to establish premeditation that would justify defendant’s conviction for first degree murder? 

Answer:

Yes.

Conclusion:

The court, in affirming, held that deliberation and premeditation did not require a lengthy period of time. Time was not essential if there was a design and determination to kill in a defendant's mind before or at the time the mortal wound was given. The length of the interval did not matter if it was sufficient for one thought to follow another and if defendant actually formed the design to kill, and deliberated and premeditated upon such design, before firing the fatal shot. The court found no error in the trial court's instruction on premeditation.