On November 10, 1929, Mr. Zackowitz (defendant) shot and killed Frank Coppola on a street near Zackowitz’s apartment. The issue at trial was not whether Zackowitz was guilty of murder, but whether the murder was premeditated or an impulsive act. The prosecution (plaintiff) sought to demonstrate the murder was premeditated, and that Zackowitz was therefore guilty of first-degree murder. During trial, the prosecution submitted evidence that Zackowitz owned three pistols and a teargas gun, which were stored in his apartment at the time of the murder. The trial court ruled that the murder was premeditated and convicted Zackowitz of first-degree murder.