Opinion
29758, 30006.
DECIDED SEPTEMBER 6, 1977.
Rape, etc. Ware Superior Court. Before Judge Holton.
E. Kontz Bennett, Jr., Dennis J. Strickland, for appellant.
Dewey Hayes, District Attorney, M. C. Pritchard, Arthur K. Bolton, Attorney General, Julius C. Daugherty, Jr., for appellee.
The Supreme Court of the United States remanded this case with direction that the death penalty imposed for rape be vacated. Coker v. Georgia, 433 U.S. ___ ( 97 S.C. 2861) (1977). The former judgment, 234 Ga. 555 ( 216 S.E.2d 782) (1975), is vacated and the judgment of the trial court is affirmed except for the portion thereof which imposes the death penalty.
The case is remanded to the trial court for sentencing for rape after a proper hearing. Code Ann. § 26-2001.
Judgment affirmed in part, vacated in part and remanded. All the Justices concur.