Hi Clo - I followed your suggestion of Black's Law Dectionary and found:
"The act of meditating in advance; deliberation upon a con- templated act; plotting or contriving; a design formed to do something before it is done.
Law Dictionary: What is PREMEDITATION? definition of PREMEDITATION (Black's Law Dictionary)
Sooo - no prosecutor is gonna go for Murder One as it's obvious no juror will buy into this situation rising to the required standard.
It is not there.