In ruling on a motion to dismiss, the trial court must determine whether there is substantial evidence of each element of the offense charged. The trial court must consider the evidence in the light most favorable to the State, and the State is entitled to every reasonable inference to be drawn from the evidence presented. Evidence favorable to the State is to be considered as a whole, and the test of sufficiency to withstand the motion to dismiss is the same whether the evidence is direct, circumstantial, or both. Murder in the first degree is the unlawful killing of another human being with malice and with premeditation and deliberation. That the killing was unlawful and done with malice may be presumed from the use of a deadly weapon.
Deliberation means . . .
There is sufficient evidence of premeditation and deliberation in the present case to support defendant's first-degree murder conviction. The State's evidence tended to show that defendant and Jamie talked about running away together, and defendant said he would kill Evers if Evers gave him any trouble. The actions of defendant before and after the killing also provide evidence of premeditation and deliberation. Defendant entered the house, had a brief discussion with Evers, and then went into the bedroom to get a wrench. While in the bedroom, defendant calmly picked up a .30-.30 rifle, loaded it, raised the rifle to his shoulder, and shot Evers in the back of the head.