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STATE v. TERRY

813 S.W.2d 420 (1991)

STATE of Tennessee, Appellant, v. John David TERRY, Appellee.

Supreme Court of Tennessee, at Nashville.

July 1, 1991.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. & Reporter, Kymberly Lynn Anne Hattaway, Asst. Atty. Gen., Nashville, for appellant.

Michael E. Terry, Lionel R. Barrett, Jr., Nashville, for appellee.

OPINION

ANDERSON, Justice.

The defendant was convicted of common-law first degree murder and arson. At the conclusion of the sentencing hearing, the jury found that two of the aggravating circumstances set out in Tenn. Code Ann. § 39-2-203 (1982) existed: (1) that the murder was especially heinous, atrocious, or cruel, and (2) that the murder was committed while the defendant was engaged in committing a larceny. The jury further determined that the...

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