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State v. Bingham | 719 P.2d 109 (1986)
Both first-degree and second-degree murder require that the defendant intended to kill the victim. However, first-degree murder requires premeditation, which means that the defendant must’ve first reflected upon his intent to kill before completing the act. In State versus Bingham, the Washington Supreme Court considered whether premeditation could be inferred solely from the passage of time.
On February 15th, 1982, Charles Bingham and Leslie Cook got off a bus together in Sequim, Washington. They hadn’t previously known each other. They visited a grocery store and two residences. They then went to a highway to attempt to hitchhike. No witnesses observed any argument or violence. Three days later, Cook’s body was found in a nearby field. She had been raped and strangled.
Bingham was charged with first-degree murder, which under Washington law required proof of premeditation. The prosecution argued that Bingham began raping Cook while she was alive and then strangled her when she resisted. The strangulation had taken between three and five minutes. The prosecution contended that Bingham had formed the intent to murder Cook when he began choking her and that he reflected on that intent during the time it took her to die.
Bingham was convicted of first-degree murder and sentenced to life in prison. He appealed his conviction. The Washington Court of Appeals overturned the conviction, holding that the evidence of premeditation was insufficient to sustain a verdict of first-degree murder. The appeals court reduced Bingham’s sentence to second-degree murder. The state appealed to the Washington Supreme Court, which granted review to determine whether to uphold the conviction.
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