What is the test for a defendant to be found guilty of lying in wait?
California, United States of America
The following excerpt is from People v. Johnson, 197 Cal.Rptr.3d 461, 364 P.3d 359, 62 Cal.4th 600 (Cal. 2016):
" '[i]t is sufficient that a defendant's true intent and purpose were concealed by his actions or conduct.' " (People v. Morales, supra, 48 Cal.3d at p. 555, 257 Cal.Rptr. 64, 770 P.2d 244.) The concealment, in that sense, " 'is that which puts the defendant in a position of advantage, from which the factfinder can infer that lying-in-wait was part of the defendant's plan to take the victim by surprise.' " (Ibid. )
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