Thomas v. State

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. Coker v. Georgia, 433 U. S. 584 (97 SC 2861, 53 LE2d 982) (1977); Collins v. State, 239 Ga. 45 (235 SE2d 523) (1977); Stewart v. State, 239 Ga. 588 (238 SE2d 540) (1977); Lewis v.…