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STATE v. BRIMMER

876 S.W.2d 75 (1994)

STATE of Tennessee, Appellee, v. David Allen BRIMMER, Appellant.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied May 2, 1994.

Attorney(s) appearing for the Case

Charles Burson, Atty. Gen. & Reporter, Merrilyn Feirman, Asst. Atty. Gen., Nashville and Jan Hicks, Asst. Atty. Gen., Clinton, for appellee.

J. Michael Clement, Clinton, J. Thomas Marshall, Dist. Public Defender, and Brock Mehler, Nashville, for appellant.

OPINION

O'BRIEN, Justice.

Defendant was found guilty of the first degree premeditated homicide of Rodney Compton, on or about 22 October 1989. The indictment included three statutory aggravating circumstances: (1) The murder was committed while defendant was engaged in committing a robbery; (2) the murder was committed for the purpose of avoiding lawful arrest; (3) the murder was especially heinous, atrocious or cruel. The jury found one (1) statutory...

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