State v. Battle

WEBB, Justice.

By his first assignment of error, defendant contends that the trial court erred in denying his motion for dismissal of the charge of first degree murder. More specifically, defendant asserts that the evidence failed to establish that he intentionally caused the death of another after premeditation and deliberation or that he intentionally caused the death of another after lying in wait.

Murder in the first degree is the unlawful killing of a human being with malice and with premeditation and deliberation. In support of a conviction for first degree murder based on premeditation…