Joseph C. Frady v. United States of America, Richard A. Gordon v. United States

At the close of all the evidence, counsel representing the appellants moved for a judgment of acquittal as to first degree murder on the ground there was insufficient proof of premeditation and deliberation.1 I think the motion should have been granted and the case submitted to the jury on the lesser included offenses of second degree murder and manslaughter.

I

“Premeditation and deliberation” were introduced into the law of homicide as a result of eighteenth century opposition to the widespread use of capital punishment.2 At common law there were no degrees of murder, and all murders were…