California, United States of America
The following excerpt is from People v. Cage, 195 Cal.Rptr.3d 724, 362 P.3d 376, 62 Cal.4th 256 (Cal. 2015):
that he be literally concealed from view before he attacks the victim. " ' [Citation.]" ' [Citation.] As for the watching and waiting element, the purpose of this requirement is to distinguish those cases in which a defendant acts insidiously from those in which he acts out of rash impulse. [Citation.] This period need not continue for any particular length " of time provided that its duration is such as to show a state of mind equivalent to premeditation or deliberation. " [Citation.]' [Citation.] The factors of concealing murderous intent, and striking from a position of advantage and surprise, "are the hallmark of a murder by lying in wait." " (People v. Mendoza, supra, 52 Cal.4th at p. 1073, 132 Cal.Rptr.3d 808, 263 P.3d 1, fn. omitted.)
[62 Cal.4th 279]
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