Can a reasonable trier of fact be found beyond a reasonable doubt that defendant committed murder based on a lying in wait theory?
California, United States of America
The following excerpt is from People v. Navarro, F065680 (Cal. App. 2015):
instruction. Stated differently, we must determine whether a reasonable trier of fact could have found beyond a reasonable doubt that defendant committed murder based on a lying-in-wait theory. [Citations.]" (People v. Cole (2004) 33 Cal.4th 1158, 1206.)
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