State v. Davis, 905 S.W.2d 921 (1995)
- Facts: Davis, Blackwell, and Tabbs were drinking and decided to "jack" someone. They saw Natalie Hasty and Kevin Young unloading groceries. Davis approached Young with a gun; they wrestled. Three shots—Young died. Convicted of first-degree murder.
- Issue: Whether mere momentary reflection establishes the deliberation required for first-degree murder.
- Rule: A mere momentary reflection may establish deliberation for a first-degree murder conviction.
- Analysis: Davis approached the victim with his gun out, supporting an inference of pre-formed intent to use it during the robbery. Even if he drew only in response to Young's resistance, the decision to pull and shoot evinced deliberation. The instruction's "cool reflection" requirement was actually more favorable to Davis than the law required.
- Judgment: Conviction affirmed.
Reading: pp. 388–96. See First Degree Murder. Also: deadly-weapon rule — intentional use of a deadly weapon authorizes a permissive inference of intent to kill.