What is the test for a murder by means of lying in wait?
California, United States of America
The following excerpt is from People v. Vanbatenburg, B201321 (Cal. App. 9/30/2008), B201321 (Cal. App. 2008):
To qualify as a special circumstance, a murder "by means of lying in wait" requires "(1) a concealment of purpose, (2) a substantial period of watching and waiting for a favorable or opportune time to act, and (3) immediately thereafter, a surprise attack on an unsuspecting victim from a position of advantage." (People v. Cole (2004) 33 Cal.4th 1158, 1205; citations omitted.)
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