Defendant then joined the two other men in Ramirez's truck and returned to his house, stopping only to throw the rifle into the Cape Fear River. The medical examiner testified at trial that the victim died as a result of a tight contact gunshot wound to her head. The examiner explained that a tight contact gunshot wound is a wound inflicted when the muzzle of a gun is in contact with the surface of the victim's body. Defendant presented no evidence at trial. In an assignment of error, defendant argues that the trial court erred in denying his motion to dismiss the charge of first-degree murder.
Defendant contends the evidence was insufficient to establish premeditation and deliberation.
When a defendant moves for dismissal, the trial court is to determine only whether there is substantial evidence of each essential element of the offense charged and of the defendant being the perpetrator of the offense. The evidence must be considered in the light most favorable to the State, and the State is entitled to every reasonable inference to be drawn therefrom. Contradictions and discrepancies are for the jury to resolve and do not warrant dismissal. Id. Murder in the first degree is the unlawful killing of a human being with malice and with premeditation and deliberation. Premeditation means that the act was thought out beforehand for some length of time, however short, but no particular amount of time is necessary for the mental process of premeditation.