Commonwealth v. King

ZAPPALA, Justice,

concurring.

I join the majority opinion except for the discussion of whether the evidence was sufficient to support the jury’s finding of the aggravating circumstance of torture. Maj. Opinion at 780-781. As the majority does with the Appellant’s claims of error regarding the trial court’s instructions, see footnote 10, I believe it is unnecessary to address this issue in light of the conclusion that “the trial court erred in permitting the jury to consider this aggravator in its penalty determination.” Id. at 782.