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STATE v. SMITH

857 S.W.2d 1 (1993)

STATE of Tennessee, Appellee, v. Leonard Edward SMITH, Appellant.

Supreme Court of Tennessee, at Knoxville.

Order Denying Rehearing June 28, 1993.

Attorney(s) appearing for the Case

J. Robert Boatright, Kingsport, Larry S. Weddington, Bristol, Michael J. Passino, Nashville, for appellant.

Charles W. Burson, Atty. Gen. & Reporter, C. Anthony Daughtrey, Asst. Atty. Gen., Nashville, Carl K. Kirkpatrick, Dist. Atty. Gen., H. Greeley Wells, Jr., Asst. Atty. Gen., Blountville, for appellee.

OPINION

O'BRIEN, Justice.

This is the second trial for the defendant who has twice been indicted and convicted of murder in the first degree for the killing of Mrs. Novella Webb and each time has been sentenced to death by electrocution.1

The evidence shows that on 21 May 1984 defendant, his girlfriend, Angela O'Quinn, and David Wayne Hartsock were sitting in defendant's Ford Pinto automobile drinking and smoking marijuana...

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