(DOWNLOAD) "State Tennessee v. John David Terry" by Supreme Court of Tennessee * eBook PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. John David Terry
- Author : Supreme Court of Tennessee
- Release Date : January 01, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
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 mitigating circumstances did not outweigh the aggravating circumstances
and imposed the death penalty. The trial court denied the defendant's motion for a new trial of the guilt/innocence issue,
but granted a new sentencing hearing, after determining that it had erroneously charged to the jury the aggravating circumstance
that the murder was committed while the defendant was engaged in committing a larceny. We granted the State's application
for interlocutory appeal in which the State argues that the trial court erred in granting the defendant a new sentencing hearing.
We disagree and affirm. FACTS