This section contains the nature of the case and procedural background.

Cornett (D) entered his stepfather's house, went upstairs, and for no apparent reason whirled around from behind a bed and shot his stepfather to death. The trial court instructed the jury on premeditation and deliberation for first degree murder; there need not be any appreciable space of time between forming the intent to kill and the actual act of killing (the test is the extent of reflection), and deliberation and premeditation require some judgment and decision and cannot be based on merely rash impulse. D was convicted of first-degree murder. A motion for a new trial was denied and D appealed.

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