McKenzie v. Montana

holding that deliberate homicide was committed by means of torture where victim was killed by a blow which laid open her head, prior to which she was nonfatally strangled | holding that deliberate homicide was committed by means of torture where victim was killed by a blow which laid open her head, prior to which she was nonfatally strangled | additional factual finding whether element necessary for imposition of death penalty was present did not require a fact determination that could be used to undermine the general verdict and thus did not "fall into the vice of a special verdict" | additional factual finding whether element necessary for imposition of death penalty was present did not require a fact determination that could be used to undermine the general verdict and thus did not "fall into the vice of a special verdict” | Justices Marshall and Brennan dissenting | Justices Marshall and Brennan dissenting | Justices Marshall and Brennan dissenting