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  5. 893 S.W.2d 908 (1994)
 

STATE v. SMITH

893 S.W.2d 908 (1994)

STATE of Tennessee, Appellee, v. Sylvester SMITH, Defendant-Appellant.

Supreme Court of Tennessee.

Rehearing Denied February 21, 1995.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, Kathy M. Principe, Sr. Counsel, Nashville, for appellee.

W. Mark Ward, Brock Mehler, Nashville, for appellant, on appeal.

OPINION

DROWOTA, Justice.

The Defendant, Sylvester Smith, appeals directly to this Court his conviction of first-degree felony murder and the sentence of death imposed by the jury. The jury found three aggravating circumstances: (1) the Defendant was previously convicted of one or more felonies which involved the use or threat of violence to the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or depravity...

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