Zant v. Akins

Marshall, Justice.

On May 8,1973, the appellee was convicted of burglary, as well as the brutal rape and kidnapping of a six-year-old girl. For the rape and kidnapping convictions he was given death sentences, which were set aside in his direct appeal on the ground that Georgia’s death penalty statute was not enacted until after the appellee committed the crimes giving rise to the death sentences. Akins v. State, 231 Ga. 411 (202 SE2d 62) (1973). On January 2, 1974, the appellee filed a motion for new trial which the trial court refused to consider. On appeal, the judgment was affirmed. Akins…