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eBook details

• Title: State Tennessee v. Loshie Pitts Harrington
• Author : Supreme Court of Texas
• Release Date : January 28, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

This case is before us on appeal by Loshie Pitts Harrington from judgments entered in the Criminal Court of Dickson, Tennessee. See T.C.A. § 39-2406. Specifically, the judgments approved the jurys verdicts (1) finding appellant guilty of assault with intent to commit murder in the first degree and fixing his punishment at not less than six (6) nor more than twenty-one (21) years in the state penitentiary, and (2) finding appellant guilty of murder in the first degree and fixing his punishment at death by electrocution. Appellant has presented eighteen assignments of error, seventeen of them being directed primarily to the conviction of first degree murder and sentence of death. The other assignment challenges the sufficiency of evidence to support the conviction of assault with intent to commit murder in the first degree. We find no merit in the latter insistence, nor do we find any merit in the several assignments of error relating to the guilt phase of the trial of appellant for first degree murder. We are of the opinion, however, that two issues relating to the sentencing phase of the trial--the exclusion for cause of jurors who expressed reservations toward the imposition of the death penalty and the consideration by jurors of material other than that introduced in evidence--require a reversal of the penalty of death the a remand of the cause for a sentencing hearing.

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