Case BriefCrim Law – Homicide, First and Second Degree MurderHughes, 2/14/15Identity of CaseState v. Bingham, 719 P.2d 109 (1986)Page 327 of the casebookSummary of Facts/Procedural HistoryBingham got on the bus with Leslie Cook, a “retarded adult.” They got off a bus together in a small town, visited a grocery store and two residences, then walked out to the middle of nowhere where he raped and strangled her. Testimony during trial: strangulation takes 3 to 5 minutes to kill, stopping before that point would render her unconscious. All rape occurred pre-mortem. Conviction for aggravated first degree murder, appealed based on the sufficiency of the evidence for premeditation, remanded for new sentencing for 2nd degree murder. Statement of the IssueCan premeditation occur during the act? HoldingNo, premeditation must occur before the act, no matter how brief it is (note, statute was changed after afew more cases like this one). ReasoningThe prosecution’s theory, as understood by the majority opinion, was that the defendant wanted to havesex with the victim and needed to kill her in order to do so. He was strangling her and realized if he kept going he would kill her, and did so. There are a few problems with this theory. Time alone is not an indication of premeditation, other factors (although they can also be circumstantial) must be shown. But more importantly, there was othercircumstantial evidence of premeditation – read the story above – that the prosecution left out of its theory. What on earth was he doing with this woman? He took her out to a secluded place. The totality of the circumstances equals premeditation.
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