What is the test for making a threat to kill a person with intent to kill?

California, United States of America


The following excerpt is from People v. Sanders, E052553, Super.Ct.No. FVI902568 (Cal. App. 2011):

unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat."' (4) The threat caused the victim '"to be in sustained fear for his or her own safety . . . ."' (5) The victim's fear was reasonable under the circumstances. [Citations.]" (People v. Jackson (2009) 178 Cal.App.4th 590, 596.)

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