Citation. 172 W. Va. 1
Brief Fact Summary. The Defendant, William Schrader, Jr., was convicted of first-degree murder after stabbing Frank Millione to death in a dispute.
Synopsis of Rule of Law. “Premeditation” need not exist for any appreciable length of time; only that the Defendant knowingly and intentionally committed the crime.
Held. Yes. The intent to kill for premeditated murder need only exist for an instant. This is how the legislature intended to define first-degree murder. To wit, the meaning of premeditated as used in the statute was essentially “knowing” and “intentional.” Courts have further consistently recognized that the mental process necessary to constitute “willful, deliberate and premeditated” murder can be accomplished very quickly. Therefore, even though the Defendant’s intent to kill formed quickly, he is guilty of first-degree murder.
Discussion. Premeditation requires no time at all so long as the intent to kill is fully formed upon taking action.