STATE v. STOUT


46 S.W.3d 689 (2001)

STATE of Tennessee v. James P. STOUT.

Supreme Court of Tennessee, at Jackson.

May 24, 2001.


Attorney(s) appearing for the Case

Robert C. Brooks and William D. Massey, Memphis, TN, for the appellant, James P. Stout.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Joseph F. Whalen, Assistant Attorney General; John W. Pierotti, District Attorney General; and Jerry Harris and Lee Coffee, Assistant District Attorneys General, for the appellee, State of Tennessee.


OPINION

E. RILEY ANDERSON, C.J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined. ADOLPHO A. BIRCH, filed a concurring and dissenting opinion.

The defendant, James P. Stout, was convicted of felony murder, especially aggravated kidnapping, and especially aggravated robbery. Following the sentencing phase of the trial for felony murder, the jury found that the evidence supported three...

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