Questions Presented

Questions Presented | , 1. Can a person be guilty of 1* degree murder without intent to kill or injure? 2. Does CALCRIM 521 unconstitutionally omit the intent element of first-degree murder by means of lying in wait by failing to require proof beyond a reasonable doubt that the defendant intended to inflict injury likely to cause death at the time he or she was lying in wait? , 3. Does CALCRIM 728 unconstitutionally omit the intent element, that the purpose concealed is the intent to kill, and the intent existed during the watching and waiting? 4. Does both CALCRIM 521 and 728 unconstitutionally omit that the “surprise attack” must be the act that kills, thus severing any intent while lying in wait from the act causing death? , ot DS