Does a conditional threat to kill a victim "if" she calls the police support a section 422 conviction?

California, United States of America


The following excerpt is from People v. JAMES, C060741, No. 08F04105 (Cal. App. 2010):

7. A conditional threat to kill a victim "if" she calls the police will support a section 422 conviction, as long as the threat and surrounding circumstances convey to the victim gravity of purpose and immediate prospect of execution of the threat, with "immediate" meaning that degree of seriousness and imminence which is understood by the victim to be attached to the future prospect of the threat being carried out, should the condition (silence) not be met. (People v. Melhado, supra, 60 Cal.App.4th at pp. 1537-1538.)

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