State v. Ollens

733 P.2d 984 (1987)

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Nature of the Case

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Facts

Ollens (D) was charged with aggravated murder for the robbery and stabbing death of William Tyler. Before trial, D moved to dismiss the aggravated first-degree murder charge based on the Bingham case in that there was a lack of evidence to prove premeditation. The evidence showed that D had killed Tyler with a knife, that multiple wounds had been inflicted, and that the wounds were inflicted prior to a fatal wound to the neck, which had required more than one slash to complete. The trial court ruled for D, and the State appealed.