10/03/94 State Tennessee V. Sylvester Smith

The Defendant, Sylvester Smith, appeals directly to this Court his conviction of first-degree felony murder and the sentence of death imposed by the jury. The jury found three aggravating circumstances: (1) the Defendant was previously convicted of one or more felonies which involved the use or threat of violence to the person; (2) the murder was especially heinous, atrocious, or cruel in that it involved torture or depravity of mind; and (3) the murder was committed while the Defendant was engaged in committing a felony. T.C.A. § 39-2-203(i)(2), (5) and (7) (1982). The Defendant raises numerous issues in this appeal; but, after a careful review of the entire record and the law, a majority of the Court affirms the Defendant's guilt and his sentence of death. The verdict and judgment are supported by material evidence, and the sentence of death is in no way arbitrary or disproportionate.