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State v. Bingham

Washington Court of Appeals

40 Wash. App. 553 (1985)

Relevant factsFree

Charles Bingham (defendant) met Leslie Cook, who was mentally handicapped, on a bus and volunteered to help her get home to Sequim after her companion refused to go. The two stopped at a grocery store and two residences; when a ride back was refused, Bingham said they'd hitchhike, and the two left together. Cook was later found raped and strangled to death about a quarter mile from the last residence they visited. The State of Washington (plaintiff) charged Bingham with aggravated first-degree murder. At trial, an expert testified that death by strangulation required three to five minutes of continuous pressure on the windpipe, and the prosecution argued that this time span alone was enough to infer premeditation. The jury convicted Bingham, and he appealed.

IssueFree

Whether premeditation is a separate and distinct element of first-degree murder requiring a mental process of deliberation, reflection, or weighing over a period of time.

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