Miller v. State

Citations

• 75 Fla. 136

Syllabus

<p>Premeditation is an essential element in th© crime of murder under the statutes of this State. It should be alleged in the * indictment and. proved beyond a reasonable doubt at the trial. The mere fact of the killing does not raise ¡a presumption of premeditation such as makes .the offense murder in the first degree and cast upon the defendant the burden of showing that it was n'ot. Something more than mere intention to kill must be shown; it is necessary that some circumstances admissible as evidence be shown from which may be legitimately inferred the fact of premeditation.</p>