California, United States of America
The following excerpt is from Engert v. Superior Court, 103 Cal.App.3d 688, 163 Cal.Rptr. 267 (Cal. App. 1980):
The evidentiary test to be applied to review of the evidence supporting a special circumstance allegation after denial of a section 995 motion is " 'some rational ground for assuming the possibility' " that the special circumstances alleged are true. (Ghent v. Superior Court (1979) 90 Cal.App.3d 944, 955, 153 Cal.Rptr. 720, 727.) Here the evidence that the victim was bound and a hammer handle inserted in her anus at about the time of strangulation constitutes rational grounds to believe that the murder involved the torture of the victim.
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