What are the elements of lying in wait and what are the implications of this instruction?
California, United States of America
The following excerpt is from People v. Ceja, 17 Cal.Rptr.2d 375, 4 Cal.4th 1134, 847 P.2d 55 (Cal. 1993):
In a letter brief filed shortly before oral argument, defendant argues that this instruction misstates or omits three elements of lying in wait: " a 'substantial period of lying in wait'; that the attack proceed from a position of advantage; and that the attack follow immediately after the watchful waiting." Although the instruction does not verbatim track our language in People v. Morales, supra, 48
Page 379
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the elements of count 2. 2 of the California Criminal Code and what are the implications of the elements? (California, United States of America)
Does a jury need to be told that the element of offense is not a given, not a required element, and that the omission of that element is a harmless error? (California, United States of America)
Does a trial court have a duty to give an instruction that the prosecution substantially relies on circumstantial evidence to establish any element of the crime including the element of intent? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
Does the Attorney General have forfeited the issue of a defendant's right to object to the instruction that the jury instructions omitted an essential element of the charge? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Can a defendant who objected to an instruction and verdict form referencing a lying-in-wait theory of first degree murder continue to oppose the instruction and the verdict forms? (California, United States of America)
Does the instruction that the jury was to follow the instructions if an attorney's comments appeared to be in conflict with the instructions apply? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
How have the courts interpreted the instructions in the context of manslaughter instructions in cases where the instruction was limited or limited? (California, United States of America)
