California, United States of America
The following excerpt is from People v. Martinez, 193 Cal.App.3d 364, 238 Cal.Rptr. 265 (Cal. App. 1987):
[193 Cal.App.3d 374] In determining whether a murder was committed with the intent to torture, the jury may consider all the circumstances of the killing, including the severity of the wounds and the nature of assault or injury suffered. But such evidence alone is insufficient; there must be evidence of willful, deliberate and premeditated intent to cause the suffering. (People v. Wiley, supra, 18 Cal.3d 162, 168, 133 Cal.Rptr. 135, 554 P.2d 881.)
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