California, United States of America
The following excerpt is from People v. Turville, 335 P.2d 678, 51 Cal.2d 620 (Cal. 1959):
(2) A killing, intentional or otherwise, committed in the perpetration of one of the felonies enumerated in section [51 Cal.2d 632] 189 of the Penal Code constitutes murder of the first degree. (People v. Osborn, 37 Cal.2d 380, 383, 231 P.2d 850.)
(3) When a killing is perpetrated by means of torture, the means used is conclusive evidence of malice and premeditation, and the crime is murder of the first degree. (People v. Misquez, 152 Cal.App.2d 471, 480(9), 313 P.2d 206.)
(4) It is murder by torture where the intent of the defendant was to inflict grievous pain and suffering upon the victim for the purpose of persuasion. (People v. Daugherty, 40 Cal.2d 876, 886(7), 256 P.2d 911.)
(5) An intent that the deceased should suffer may be inferred from the condition of the deceased's body and the admissions of the defendant. (People v. Misquez, supra, at page 480(10) of 152 Cal.App.2d at page 211 of 313 P.2d.)
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