In what circumstances will a defendant be found guilty of making a threat to kill another man?

California, United States of America

The following excerpt is from People v. McDowell, E064587 (Cal. App. 2016):

The circumstances in this case more closely resembles People v. Fierro (2010) 180 Cal.App.4th 1342, involving an altercation at a gas station during which the defendant lifted his shirt to display a weapon and threatened to kill the victim. The victim drove away shortly after the threat, but called 911 within 15 minutes and ultimately testified he was in fear for his life. (Id. at p. 1346.) Even though the threat occurred during a minute and the victim departed immediately, the court held that

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