Jones v. State

I respectfully dissent from the majority opinion in this case. Ark. Stat. Ann. § 41-1502 (Repl. 1977) reads in pertinent part:

A person commits murder in the first degree if:. . . with the premeditated and deliberated purpose of causing the death of another person, he causes the death of any person.

No killing can be murder in the first degree in the absence of premeditation and deliberation. Where there is no testimony indicating any deliberate or premeditated intention to kill and no evidence showing that the defendant harbored any malice or ill will toward the victim, a jury verdict of…