State v. DeGregory

HUSKINS, Justice.

At the close of all the evidence defendant moved for judgment of nonsuit in each case. His first assignment of error is based on denial of these motions. He contends the motions should have been allowed with respect to the charges of murder in the first degree because “no evidence was presented during the trial which related to the elements of premeditation and deliberation, either by direct proof or by any other inference or circumstance.”

“Premeditation and deliberation are not usually susceptible of direct proof, and are therefore susceptible of proof by circumstances by…