People v. Davenport

Opinion

REYNOSO,J.

Appellant stands convicted by a jury of murder in the first degree with the special circumstance that the murder was intentional and involved the infliction of torture. The jury fixed the penalty at death. The appeal to this court is automatic.

Appellant makes three challenges to the finding that the murder was committed under special circumstances. (Pen. Code, § 190.2 et seq.)1 First appellant urges that the torture-murder special circumstance enacted by the initiative measure of 1978 is not sufficiently rational, precise and limited to provide a constitutional basis for…