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367 (2007) (the defendant, who had a history of beating the victim, hit the victim without provocation on the day of the killing, told others to tell him good-bye, and told the victim to say his prayers; the cause of death was strangulation and blunt trauma; and the defendant attempted to conceal the body and evidence). A cool state of blood does not mean absence of passion and emotion; a person may be capable of forming murderous intent, premeditating and deliberating, yet be prompted and to a large extent controlled by passion at the time of the offense. Under the doctrine of transferred intent, a defendant who intended to kill one person but mistakenly killed another is still guilty of murder. 377 (1992); and a condition of the mind which prompts a person to take the life of another intentionally, or to intentionally inflict serious bodily injury which proximately results in death, without just cause, excuse, or justification, State v. The second form of malice—commission of an inherently dangerous act—was found when the defendant, knowing that two people became violently ill after using certain drugs, supplied the same drugs to the victim, who later died. 504, 509–10 (2005) (the wounds were brutal, the blows multiple, the victim had harassed the defendant, and the defendant left the crime scene). 526, 531 (2001) (there was no evidence of animosity, that the defendant and the victim knew each other before incident, or that defendant threatened the victim; when the victim provoked the defendant by assaulting him, the defendant immediately retaliated by firing one shot; the defendant’s actions did not show planning or forethought; although the defendant left the scene, he turned himself in the next day).
551 (2005), which held that the Eighth Amendment prohibits a death sentence for a defendant who is convicted of a capital offense committed before his or her 18th birthday. If convicted of first-degree murder, such a person receives a punishment of life imprisonment without parole. See “Transferred Intent” in Chapter 1 (States of Mind.) the commission of an inherently dangerous act (or omission to act when there is a legal duty to do so) in such a reckless and wanton manner “as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief,” State v. Circumstantial evidence, rather than direct evidence, generally proves premeditation and deliberation. Circumstances showing premeditation and deliberation include: , ___ N. Neither specific intent to kill nor premeditation and deliberation are elements of this category of first-degree murder.