UJI 14-201. Willful and deliberate murder; essential elements.

For you to find the defendant guilty of first-degree murder by a deliberate killing [as charged in Count ________],1 the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. The defendant killed __________________ (name of victim); 2. The killing was with the deliberate intention to take away the life of __________________ (name of victim) [or any other human being];2 3. This happened in New Mexico on or about the __________ day of ______________, ________. A deliberate intention refers to the state of mind of the defendant. A deliberate intention may be inferred from all of the facts and circumstances of the killing. The word deliberate means arrived at or determined upon as a result of careful thought and the weighing of the consideration for and against the proposed course of action. A calculated judgment and decision may be arrived at in a short period of time. A mere unconsidered and rash impulse, even though it includes an intent to kill, is not a deliberate intention to kill. To constitute a deliberate killing, the slayer must weigh and consider the question of killing and the slayer’s reasons for and against such a choice.3