In Gregg v. Georgia (1976) 428 U.S. 153, the court was considering the definition of murder as "'outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim'" when it noted that: "In light of the limited grant certiorari... we review the 'vagueness' and 'overbreadth' of the statutory aggravating circumstances only to consider whether their imprecision renders this capital-sentencing system invalid under the Eighth and Fourteenth Amendments because it is incapable of imposing capital punishment other than by arbitrariness or caprice." Thus the broader question whether the statutory language is too vague to comport with due process was expressly left open.