Is there any case law that supports the argument that the intent to kill is not an essential element to murder by torture?
California, United States of America
The following excerpt is from People v. Cooley, 211 Cal.App.2d 173, 27 Cal.Rptr. 543 (Cal. App. 1962):
[211 Cal.App.2d 206] People v. Valentine, 28 Cal.2d 121, 135-136, 169 P.2d 1, 10, holds that the intent to kill is not an essential element of murder by torture and that by statutory definition such murder is of the first degree:
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