People v. Davenport

In People v. Davenport (1985) 41 Cal.3d 247, the jury found true the special circumstance of murder involving the infliction of torture. (Davenport, supra, 41 Cal.3d at p. 273.) On appeal, the defendant complained that the torture murder special circumstance finding was insufficient because the verdict form failed to specify the jury's finding of two "essential elements" of that special circumstance, namely that the murder was intentional and involved infliction of extreme pain. (Ibid.) The verdict form for the special circumstance required only that the jury record its ultimate conclusion that the circumstance was true. (Ibid.) The California Supreme Court rejected the defendant's argument, concluding the jury need only find the special circumstance is true and it is unnecessary to find the facts on which that determination is based. (Id. at pp. 273-275.)