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STATE v. McNISH

727 S.W.2d 490 (1987)

STATE of Tennessee, Appellee, v. David McNISH, Appellant.

Supreme Court of Tennessee, at Knoxville.

March 23, 1987.

Attorney(s) appearing for the Case

Richard A. Spivey, Daniel P. Street, Kingsport, for appellant.

W.J. Michael Cody, Atty. Gen. & Reporter, Gordon W. Smith, Asst. Atty. Gen., for appellee.

OPINION

HARBISON, Justice.

Appellant was convicted of murder in the first degree and sentenced to death by electrocution. The jury found that the murder by bludgeoning of Mrs. Gladys Smith, a 70-year-old widow, in her apartment on April 5, 1983, was "especially heinous, atrocious, or cruel in that it involved torture or depravity of mind... ." T.C.A. § 39-2-203(i)(5). The case was appealed to this Court pursuant to § 39-2-205. After review of the...

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