First-degree murder is the intentional and unlawful killing of a human being with malice and with premeditation and deliberation. Murder in the second degree is the unlawful killing of a human being with malice but without premeditation and deliberation. In the present case, the evidence presented by the state is positive and uncontradicted as to each element of first- degree murder. The blow punctured Holloman's heart and aorta, causing his death. The evidence is similarly positive and uncontradicted as to premeditation and deliberation.
Deliberation means an intent to kill, carried out in a cool state of blood, . . .
Premeditation and deliberation are ordinarily not susceptible to proof by direct evidence and therefore must usually be proven by circumstantial evidence. The evidence presented at trial failed to demonstrate provocation on the part of decedent. When Officer Hopkins turned to let the nurse through the hallway, defendant and Holloman were talking at a table in the recreation room. Holloman was unarmed. There was no evidence of any argument between the two.