What is the test for a jury to find that a defendant intended to kill while lying in wait?
California, United States of America
The following excerpt is from People v. Webster, 285 Cal.Rptr. 31, 54 Cal.3d 411, 814 P.2d 1273 (Cal. 1991):
22 In any event, the jury necessarily found defendant intended to kill when it found true a special circumstance that defendant "intentionally killed ... while lying in wait." (See People v. Sedeno, supra, 10 Cal.3d 703, 721, 112 Cal.Rptr. 1, 518 P.2d 913.)
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