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This section contains the nature of the case and procedural background.

D was involved in an altercation involving several persons outside a nightclub. Two men first attacked the defendant. Several persons began throwing punches. D left and went to a nearby automobile where he retrieved a gun from the trunk. D then turned in the direction from which he had come and shot the victim at close range. The victim had followed D to the automobile. There was no evidence that the victim was armed at the time of the shooting. D also shot the victim a second time as he lay on the ground. After the shooting, D and three other men jumped into an automobile and sped away. The victim was transported to a hospital, where he died approximately two hours later. A medical examiner located a single bullet that killed the victim lodged in his lower right chest. The gun used in the shooting was not recovered. D was convicted of first-degree murder with deliberate premeditation and (2) unlawful possession of a firearm. The court denied a motion to set aside the verdict. It refused to reduce the verdict to manslaughter. D appealed.

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