Willingham v. State

Clark, Judge.

Following reversal by this court (Willingham v. State, 131 Ga. App. 851 (207 SE2d 249)) of his previous conviction, defendant was retried and again convicted on the original indictments of aggravated sodomy and aggravated assault with intent to rape. As was the result on the first trial, the jury under the bifurcated procedure set the sentence at the maximum for each offense: imprisonment for life and for ten years to run concurrently. In this appeal there are seven enumerations with which we will deal seriatim.

1. The first assignment deals with the facts, defendant asserting it…