Its probably 3rd degree murder, as first degree murder usually means it was done in cold blood (or in the commission of another felony, aka bank robbery).
Hmmm . . . I thought it was 1st for premeditation, 3rd for unpremeditated, and 2nd for unpremeditated during the commission of a concomitant felony.
I'm not sure.
95 posted on 07/17/2007 6:08:16 PM PDT by wideawake