People v. Horn

I agree with my colleagues that the proofs of premeditation and deliberation need not be direct; these subjective factors may be established by inference from the evidence, direct and circumstantial. I also agree that our reviewing function is limited when the finding of guilt stems from a reasonable inference.

I dissent because in my opinion it is not reasonable to infer from the record evidence that the defendant, Frank Roosevelt Horn, coolly evaluated the choice that confronted him, and in a reflective state of mind decided to kill the victim, James Wesley Tingle.

I conclude that there was…