People v. Laws
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SCOTLAND, J.
Defendant was convicted by jury of first degree murder. (Pen. Code, §§ 187, 189.) On appeal, he contends the trial court committed prejudicial instructional error. Among other things, he challenges CALJIC No. 8.25, which informed the jury that murder immediately preceded by lying in wait is first degree murder, and defined the term “lying in wait.”
We reject defendant’s contention that CALJIC No. 8.25 is deficient because it does not require a finding that the lying in wait was done with the intent to kill or injure. As we shall explain, Penal Code section 189, which defines…
2Cases cited13 opinions
- People v. LangCalifornia Supreme Court · 1989
- People v. WatsonCalifornia Supreme Court · 1981
- People v. AtchleyCalifornia Supreme Court · 1959
- People v. StegerCalifornia Supreme Court · 1976
- People v. RuizCalifornia Supreme Court · 1988
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3Cited by17 opinions
- Jorge L. CALDERON, Petitioner-Appellee, v. K.W. PRUNTY, Chief Deputy Warden, Respondent-AppellantCourt of Appeals for the Ninth Circuit · 1995
- People v. YovanovCalifornia Court of Appeal · 1999
- National Medical Transportation Network v. Deloitte & ToucheCalifornia Court of Appeal · 1998
- Leonard v. StateNevada Supreme Court · 1998
- Calderon v. BorgDistrict Court, N.D. California · 1994
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