Is there sufficient evidence to hold defendants to answer on the special circumstance allegation that the murder was committed while lying in wait?

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.

Other Questions


Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
If evidence supports the special-circumstance finding of lying in wait, does that necessarily support the first degree murder verdict based on the theory of lying-in-wait? (California, United States of America)
What is the legal test for a defendant's argument that the evidence of premeditated murder under the lying-in-wait special circumstance is insufficient? (California, United States of America)
What is the difference between lying in wait first degree murder and the lying in-wait special circumstance? (California, United States of America)
Can a jury find a defendant guilty of first degree murder if it found the murder was committed by torture or by lying in wait? (California, United States of America)
In what circumstances will a jury be able to determine whether a defendant is guilty of multiple murder on the special circumstance allegation? (California, United States of America)
Does the Court's error in instructing the jury that a jury need not agree whether Defendant Committed a Premeditated Murder or Lying-in-wait Murder require reversal? (California, United States of America)
Does substantial evidence support the jury's conviction under a theory that defendant committed the murder by lying in wait? (California, United States of America)
What is the test for sufficiency of evidence in a case where the evidence supports the theory of lying-in-wait for first degree murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.