adj. By the use of this word, in describing a crime, the idea is conveyed that the perpetrator
weighs the motives for the act and its consequences, the nature of the crime or other things connected with his intentions, with a view to a decision thereon; that he carefully considers all these; and that the act ls not suddenly committed. It implies that the perpetrator must be capable of the exercise of such mental powers as are called into use by deliberation and the consideration and weighing of motives and consequences. State v. Boyle, 28 Iowa, 524.
"Deliberation" and "premeditation" are of the same character of mental operations, differing only in degree. Deliberation is but prolonged premeditation. In other words, in law, deliberation is premeditation in a cool state of the blood, or, where there has been heat of passion
, it is premeditation continued beyond the period within which there has been time for the blood to cool, in the given case.
Deliberation is not only to think
of beforehand, which may be but for an instant, but the inclination to do the act is considered, weighed, pondered upons for such a length of lime after a provocation is given as the jury may find was sufficient for the blood to cool. One in a heat of passion may premeditate without deliberating. Deliberation is only exercised in a cool state of the blood, while premeditation may be either in that state of the blood or in the heat of passion. State v. Kotovsky, 74 Mo. 249; State v. Iind-grind, 33 Wash
. 440, 74 Pac. 565; State v. Dodds, 54 W. Va
. 289. 46 S. E. 228; State v. Fairlamb, 121 Mo. 137, 25 S. W. 895; Milton v. State. 6 Neb. 143; State v. Greenleaf
, 71 N. H. 606
, 54 Atl. 38; State v. Fiske, 63 Co.nn. 388, 28 Atl. 572; Craft v. State, 3 Kan. 481; State v. Sneed, 91 Mo. 552, 4 S W. 411: Debney v. State, 45 Neb. 856, 64 N. W. 446, 34 L. R. A. 851; Cannon v. State, 60 Aria 564, 31 S. W. 150.