concurring specially.
I concur in affirming the imposition of the death penalty in this case, but on a basis differing from the majority.
1. OCGA § 17-10-30 (b) (7) defines as one of several “aggravating circumstances:” “the offense of murder . . . was outrageously or wantonly vile, horrible, or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim. . . .” [Emphasis supplied.]
2. An analysis of the statute demonstrates the necessity for the fact finder to make two separate inquiries.
(a) The first inquiry concerns the existence of a factual element, i.e., whether or not the evidence establishes that the murder involved (1) torture, or (2) depravity of mind, or (3) an aggravated battery to the victim.
(b) The second inquiry (if the jury determines that the murder did involve at least one of these three factual elements) concerns the attributes of the murder, i.e, whether (by virtue of the existence of one or more of the three specified factual elements) the murder was (1) outrageously or wantonly vile, or (2) horrible, or (3) inhuman.
3. The majority and the dissent are at odds over whether or not the evidence was sufficient to establish “torture.” That issue is not essential to the resolution of this case, however, in view of the jury’s verdict.1
(a) The jury found two of the three possible factual elements and three of the attributes, as specified in OCGA § 17-10-30 (b) (7).
(b) Whether or not the factual circumstances in this case rise to “torture,” a jury most assuredly might find that the murder by Hall of his minor son in the presence of his minor daughters, along with his conduct immediately following the murder, demonstrated “depravity of mind.”2
I am authorized to state that Justice Hunt joins this special con*786currence.
“We the jury find the following aggravating circumstances to exist beyond a reasonable doubt: wantonly vile, depravity of mind, horrible, inhuman in that it involved torture.” Id. at p. 783.
See Conklin v. State, 254 Ga. 558, 564-565 (331 SE2d 532) (1985). Compare West v. State, 252 Ga. 156, 161-162 and concurring opinion at 163 (313 SE2d 67) (1984). See also Zant v. Stephens, 250 Ga. 97, 100 (297 SE2d 1) (1982).