Georgia appeals order staying execution set for Tuesday

Death Penalty-Georgia
This image provided by the Georgia Department of Corrections shows Virgil Presnell. The Georgia man was set to be executed Tuesday, May 17, 2022 for killing an 8-year-old girl in 1976. (Georgia Department of Corrections via AP)

Story updated at 12:34 p.m.

The state of Georgia is appealing a judge’s ruling that stayed the execution of a man who killed an 8-year-old girl and raped her 10-year-old friend 46 years ago.

Virgil Delano Presnell Jr., 68, abducted and attacked the two girls as they walked home from school in Cobb County, just outside Atlanta, in May 1976. He was scheduled to be put to death Tuesday at 7 p.m., but a judge on Monday issued an order staying the execution.