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LYING IN WAIT Definition & Legal Meaning

Definition & Citations:

Lying In ambush; lying hid or concealed for the purpose of making a suddeu and unexpected attack upon a person when he shall arrive at the scene. In some jurisdictions, where there are several degrees of murder, lying in wait is made evidence of that deliberation and premeditat ed intent which is necessary to characterize murder in the first degree. This term is not synonymous with “concealed.” If a person conceals himself for the purpose of shooting another unawares, he is lying iu wait; but a person may, while con- cealed, shoot another without committing the crime of murder. People v. Miles. 55 Cal. 207.


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