United States v. Watson, 501 A.2d 791 (1985) p405.

homicide

• police officer chases D
• D gained control of officer's gun
• D shot officer after a few words were exchanged and the officer later died

Jury rejected manslaughter defense and found D guilty of murder.

Was there sufficient evidence from which a reasonable juror could have fairly concluded guilt beyond a reasonable doubt? Can murder be proved without evidence of what occurred in the few moments prior to the fatal assault?

Murder may be proved absent the evidence of what occurred in the few moments prior to the fatal assault.

There is enough evidence for a juror to conclude there was guilt beyond a reasonable doubt.

A reasonable juror could find that appellant had formed the decision to kill upon reaching for the loose gun, and gave further thought to this when the officer pleaded for his life. Because there was time while D pointed gun at officer, this shows that D really did intend to kill him. D did not shoot in a panic but acted with deliberation. He also did reflect upon his decision before pulling the trigger, and did not shoot in a frenzy or in the heat-of-passion.

first degree murder: calculated and planned killing

second degree murder: unplanned or impulsive