Opinion
32127.
ARGUED MARCH 22, 1977.
DECIDED APRIL 7, 1977. REHEARING DENIED APRIL 21, 1977.
Murder; stay of execution. Bibb Superior Court. Before Judge Morgan.
Mary Ann B. Oakley, Margie Pitts Hames, Jack Greenberg, Anthony G. Amsterdam, Millard C. Farmer, Jr., for appellant.
Walker P. Johnson, Fred M. Hasty, District Attorneys, Thomas J. Matthews, Assistant District Attorney, Arthur K. Bolton, Attorney General, R. William Buzzell, for appellee.
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.