California, United States of America
The following excerpt is from People v. Superior Court (Sims), 185 Cal.App.3d 471, 230 Cal.Rptr. 4 (Cal. App. 1986):
The respondent court concluded that the evidence was insufficient to hold defendants to answer on the special circumstance allegation that the murder was committed while lying in wait. This determination is a legal conclusion which is subject to independent review by this court. (People v. Watson, 30 Cal.3d 290, 300, 179 Cal.Rptr. 43, 637 P.2d 279.) Our function is to determine whether a person of ordinary caution or prudence would be led to believe and conscientiously entertain a strong suspicion that the defendant committed the crime charged. (Ibid.) Based upon our independent review of the record, we conclude that there was sufficient evidence to hold defendants to answer on the lying in wait special circumstance allegation.
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