Is there sufficient evidence to support the prosecution's theory that appellant committed murder by means of torture?

California, United States of America


The following excerpt is from People v. Flynn, B243277 (Cal. App. 2013):

There is also substantial evidence to support the prosecution's theory that appellant committed murder by means of torture. "'Torture murder is "murder committed with a wilful, deliberate and premeditated intent to inflict extreme and prolonged pain."' [Citation.] The culpable intent is one to cause pain for '"the purpose of revenge, extortion, persuasion or for any other sadistic purpose."' [Citations.] [] The intent to inflict extreme and prolonged pain may be inferred from the circumstances of the crime. [Citation.]" (People v. Raley (1992) 2 Cal.4th 870, 888.)

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