Hobbs v. State

Hawes, Justice.

The appellant was convicted of rape and sentenced to life imprisonment. He appealed, enumerating as error the overruling by the trial court of his motion challenging the constitutionality of Code Ann. § 26-1302 and the overruling of his motion for a new trial.

1. With respect to the first ground of enumerated error, appellant contends that the imposition of a sentence of death under the circumstances of this case is a violation of his constitutional rights. However, as stated above, appellant was not sentenced to death and therefore has no standing to challenge in this appeal…