Does lying in wait constitute murder of the first degree?

California, United States of America


The following excerpt is from People v. Robbins, 19 Cal.App.5th 660, 228 Cal.Rptr.3d 468 (Cal. App. 2018):

kill one person but by mistake and inadvertence kills another instead, the law transfers the intent and the homicide so committed is murder of the first degree." ( People v. Sears (1970) 2 Cal.3d 180, 189, 84 Cal.Rptr. 711, 465 P.2d 847.) Because lying in wait provides proof of the same type of deliberate intent associated with premeditation and deliberation, the intent associated with lying in wait transfers in the same manner as the intent associated with premeditation and deliberation.

Other Questions


Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
What is the definition of first degree murder and what is second degree murder? (California, United States of America)
Is the lying in the wait special circumstance constitutionally infirm because it duplicates an element of first degree murder? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.