In addition, the evidence tends to show that after the murder, defendant concealed the victim's body in sheets, carried it and the rifle to the victim's car, drove to Lillington, discarded the car and body in a ditch, and threw the rifle into the river. Such evidence, taken in the light most favorable to the State, permits a reasonable inference that defendant premeditated and deliberated the killing, and the trial court did not err in denying defendant's motion to dismiss. This assignment of error is overruled. In another assignment of error, defendant argues the trial court committed reversible error by failing to give the jury his requested instructions on premeditation and deliberation. The trial court instead gave the pattern instructions on these elements of first-degree murder.
Premeditation means thought beforehand for some length of time, however short.
However, since the intent to kill must be turned over in the mind in order for the process of premeditation and deliberation to transpire, it is clear that some period of time must necessarily elapse. The true test is not the duration of time as much as it is the extent of the reflection. Well, I'll do it anyway. In denying defendant's request to give the submitted instructions, the trial court reasoned that even if the submitted instructions were correct statements on premeditation and deliberation, Buchanan predated the pattern jury instructions. The trial court also found that the pattern instructions were in substantial conformity with the submitted instructions.