Crim. No. 5375
41 Cal. 2d 470; 261 P.2d 1; 1953
Instruction on lying in wait did not require a showing of intent to fix the degree and instruction distinguishing first and second degree murder in addition to the lying in wait instruction was sufficient.
Carter, Jesse W., "People v. Thomas [DISSENT]" (1953). Jesse Carter Opinions. 295.