Everett v. State

After having studied the record, I am convinced that the evidence does not support a finding of premeditation which, of course, is a necessary ingredient of murder in the first degree. T.C.A. § 39-2402.

Ever since 1858 murder in Tennessee has been divided into two separate offenses. See Code of 1858, §§ 4598 — 4599. It is of the utmost importance that the courts delineate the two offenses, because the difference in punishment is the difference between life and death, literally. T.C.A. §§ 39-2406, 39-2408. Murder in the first degree includes the lesser offense of murder in the second degree.…