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SMITH v. STATE

Supreme Court of Georgia.
Apr 7, 1977
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PER CURIAM.

The appellant was convicted of two murders upon which death sentences were imposed. Her conviction and sentences were affirmed on appeal. Smith v. State, 236 Ga. 12 ( 222 S.E.2d 308) (1976).

Appellant seeks to raise the "Private Slovik Syndrome." See Ross v. State, 238 Ga. 445 ( 233 S.E.2d 381).

As a petition for declaratory judgment, the appellant's suit is not maintainable for the reasons stated in Ross v. State, supra. As a motion for a second sentencing hearing filed in the criminal case which has heretofore been before this court on appeal, the trial court's order denying the motion is not a judgment or order within the meaning of Code Ann. § 6-701 which is appealable at this late date. Code Ann. § 6-803.

Judgment affirmed. Nichols, C. J., Undercofler, P. J., Jordan, Ingram, Hall and Hill, JJ., concur.

PER CURIAM.

ARGUED MARCH 22, 1977 — DECIDED APRIL 7, 1977 — REHEARING DENIED APRIL 21, 1977.