California, United States of America
The following excerpt is from People v. Perez, 2d Crim. No. B288846 (Cal. App. 2019):
First degree murder by lying in wait does not require a specific intent. "If the murder was perpetrated by means of lying in wait, it need not be independently determined to have been 'willful, deliberate and premeditated.' [Citations.] The crime of which [appellant] was convicted was not lying in wait, but murder. If it was perpetrated by means of lying in wait it is, by definition, first degree murder." (People v. Dickerson (1972) 23 Cal.App.3d 721, 727.)
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.