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THOMAS v. STATE

55060.

145 Ga. App. 69 (1978)

243 S.E.2d 250

THOMAS v. THE STATE.

Court of Appeals of Georgia.

Decided February 2, 1978.

Rehearing Denied February 28, 1978.

Attorney(s) appearing for the Case

Robert D. Peckham, Jack H. Affleck, Jr., for appellant.

Albert Charles Thomas, pro se.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.

WEBB, Judge.

1. Albert Thomas was found guilty on May 13, 1977 of the offenses of kidnapping and armed robbery, and a jury, finding that the "kidnapping was wantonly horrible in that it involved torture and depravity of mind" and was committed while the offender was engaged in armed robbery, awarded a death sentence. Code Ann. § 27-2534.1. Since death to the victim did not result, the death penalty must be set aside...

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