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  5. 976 S.W.2d 93 (1998)
 

STATE v. VANN

976 S.W.2d 93 (1998)

STATE of Tennessee, Appellee, v. Gussie Willis VANN, Appellant.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied October 19, 1998.

Attorney(s) appearing for the Case

Brock Mehler, Nashville, Ashley L. Ownby, Cleveland (Trial and On Appeal), Kenneth Miller, Cleveland (Trial Only), for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, John P. Cauley, Assistant Attorney General, Nashville, Jerry N. Estes, District Attorney General, Athens, for Appellee.

OPINION

DROWOTA, Justice.

In this capital case, the defendant, Gussie Willis Vann, was convicted of first degree felony murder in the perpetration of aggravated rape, and two counts of incest. In the sentencing hearing, the jury found three aggravating circumstances: (1) "[t]he murder was committed against a person less than twelve (12) years of age and the defendant was eighteen (18) years of age or older...

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