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STATE v. NESBIT

978 S.W.2d 872 (1998)

STATE of Tennessee, Appellee, v. Clarence C. NESBIT, Appellant.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied November 23, 1998.

Attorney(s) appearing for the Case

A.C. Wharton, District Public Defender, Memphis, W. Mark Ward, Assistant Public Defender (Appeal only), Ronald S. Johnson, Betty J. Thomas, Assistant Public Defender (Trial Only), Memphis, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, John P. Cauley, Assistant Attorney General, Nashville, William Gibbons, District Attorney General, Thomas D. Henderson, Jennifer Nichols, Assistant District Attorneys General, Memphis, for Appellee.

OPINION

DROWOTA, Justice.

In this capital case, the defendant, Clarence C. Nesbit, was convicted of premeditated first degree murder. At the sentencing hearing, the jury found one aggravating circumstance: (1) "[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death." Tenn.Code Ann. § 39-13-204(i)(5) (1991 Repl...

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