Dewhart v. State

The Montgomery County Grand Jury indicted appellant, James Edward Dewhart, on October 8, 1982, in a four-count indictment, for the capital offense of murder committed during the course of a robbery. Appellant was found guilty as charged and was sentenced to life imprisonment without parole in accordance with the jury's recommendation.

Testimony at trial revealed that at approximately 12:30 a.m. on the morning of August 8, 1982, appellant robbed employees of a Shoney's Restaurant at gunpoint. Afterwards he fled, but a customer in the restaurant followed appellant's car in what escalated into a…