[supercat]

Unlikely without premeditation.

Had Mr. Biggs died within an hour or two of his injuries, it would be hard to argue premeditation. I would argue, however, that at some point the woman made a concious decision that she was going to let Mr. Biggs die. Her actions from that point forward should constitute premeditated murder.

To my mind, the only question would be whether one could reasonably assign another aggravating factor to make it capital murder. I would suggest that a jury might find that either a torture or kidnapping aggravating factor applied. A judge might not so decide, but I think a jury would be willing to do everything possible to ensure that woman never sees the free light of day alive.

[sweetliberty]

Maybe, but I think it's a stretch. It sounds like they're already rallying the pity party in her behalf.

[Howlin]

I would argue, however, that at some point the woman made a concious decision that she was going to let Mr. Biggs die

She called a friend to come help HER.....not him.......she and her friend rode around for a couple of hours, trying to find other friends to help HER.

I'm pretty sure that that will strike the jury as her having decided to save herself and let him die.

[spectre]

". Had Mr. Biggs died within an hour or two of his injuries, it would be hard to argue premeditation. I would argue, however, that at some point the woman made a concious decision that she was going to let Mr. Biggs die. Her actions from that point forward should constitute premeditated murder."

Excellent post.

sw