Does the factual recitation of a Defendant's threat to kill a witness constitute a threat?

California, United States of America


The following excerpt is from People v. Lyons, 1 Cal.Rptr.2d 763, 235 Cal.App.3d 1456 (Cal. App. 1991):

6 The factual recitation shows a threat by the defendant which could be read "as [simply] a warning [of impending retaliation] or [as a] threat not to testify in the future." (People v. Ford, supra, 145 Cal.App.3d at pp. 989-990, 193 Cal.Rptr. 684.)

* See footnote 2, ante.

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