What is the effect of concealment element in a murder case?

California, United States of America


The following excerpt is from People v. Moon, 117 P.3d 591, 32 Cal.Rptr.3d 894, 37 Cal.4th 1 (Cal. 2005):

danger merely because she discovered him in the house. (See People v. Morales (1989) 48 Cal.3d 527, 555, 257 Cal.Rptr. 64, 770 P.2d 244 ["the concealment element `may manifest itself . . . by the creation of a situation where the victim is taken unawares even though he sees his murderer'"].)

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