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STATE v. HARTMAN

703 S.W.2d 106 (1985)

STATE of Tennessee, Appellee, v. Charles Edward HARTMAN, Appellant.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied January 13, 1986.

Attorney(s) appearing for the Case

Dale Quillen, Lucinda Smith Weaver, Attys.-at-Law, Nashville, for appellant.

Kymberly Lynn Anne Hattaway, Asst. Atty. Gen., Nashville (W.J. Michael Cody, Atty. Gen. and Reporter, of counsel), for appellee.

OPINION

FONES, Justice.

This is a direct appeal of a death penalty case. Defendant was convicted of first degree murder in the perpetration of kidnapping, and sentenced to death upon the jury's finding of three aggravating circumstances, to-wit: the murder was especially heinous, atrocious or cruel; it was committed while defendant was engaged in kidnapping; and it was committed while the defendant was in lawful custody, etc.1

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