dissent: See State v. Gilmore, 332 So.2d 789 (La. 1976).

Defendant’s conviction is affirmed, but the death penalty imposed is annulled and set aside, and the case is remanded to the district court with instructions to sentence the defendant to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence for a period of twenty years. Roberts v. Louisiana, 428 U.S. 325, 96 S.Ct. 3001, 49 L.Ed.2d 974 (1976); State v. Jenkins, 340 So.2d 157 (La. 1976).