Case BriefCrim law, homicide, first v. second degreeHughes, 2/14/15Identity of CaseGilbert v. State, 487 So.2d 1185 (Fla. Dist. Ct. App. 1986)Page 331 of the casebookSummary of Facts/Procedural HistoryDefendant’s wife Emily has osteoporosis and early Alzheimer’s. She did have several years to live, went out with her husband for lunch every day, got her hair done, dressed nice, etc. She did not specify at any point in time that she wouldn’t want to live if her health deteriorated…she was seen to be crying on the couch in pain and confused at various times. There was also testimony that defendant was getting tired of how much she relied on him. Defendant returned home with her from lunch, and she lied down on the couch and started crying. He decided to put her out of her misery, wnet and got his gun, loaded a single bullet, and fired at her head. He checked her pulse and it was still beating (as it does after a brain injury) so he reloaded and fired again. At trial he testified that he knew it would kill her, knew it would be against the law, but he just thought it would be the right thing to do. Convicted of murder 1st with minimum sentence of 25 years, he is 75. Appeals on sufficiency of the evidence for premeditation. Statement of the IssueDoes the fact that the crime was committed without malice have any effect on the evidence of premeditation? HoldingNo, defendant was deliberate and thought about the action and the consequences. Premeditation does not require malice, only pre-act thought. ReasoningSee holding, its pretty straightforward.
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