What is the difference between lying in wait first degree murder and the lying in-wait special circumstance?
California, United States of America
The following excerpt is from People v. Dean, B258746 (Cal. App. 2016):
Moreover, the trial court's response to the jury question accurately stated the law. The court correctly stated that the distinction between lying-in-wait first degree murder and the lying-in-wait special circumstance is the element of intent to kill. (See People v. Poindexter (2006) 144 Cal.App.4th 572, 579 ["'[l]ying in wait as a form of first degree murder . . . should not be confused with the largely similar, but slightly different, special
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