Is there any case law that supports the argument that a murder by torture by torture is not murder by means of physical evidence?

Defendant's reliance on People v. Wiley (1976) 18 Cal.3d 162, 168, 133 Cal.Rptr. 135, 554 P.2d 881, is misplaced. In that case, this court stated: "[The defendant] correctly notes that murder by torture cannot be inferred solely from the condition of the victim's body [citation], or from the mode of assault or injury suffered [citation], but other evidence of intent to cause suffering is also required. [Citations]." (Ibid.) This statement, however, must be read in the context of the case in which it was made.