What is the definition of a "lying in wait" murder?
California, United States of America
The following excerpt is from People v. Vilkin, D067753 (Cal. App. 2016):
"Section 189 provides, in pertinent part, that 'murder which is perpetrated by . . . lying in wait . . . is murder of the first degree.' Lying-in-wait murder consists of three elements: ' " '(1) a concealment of purpose, (2) a substantial period of watching and waiting for an opportune time to act, and (3) immediately thereafter, a surprise attack on an unsuspecting victim from a position of advantage[.]' " ' " (People v. Russell (2010) 50 Cal.4th 1228, 1244, fn. omitted; see People v. Cole (2004) 33 Cal.4th 1158, 1206.)
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