Davis v. State , 237 Ga. 279 ( 1976 )

Hill, Justice,

dissenting.

Although I concur in the second division of the opinion, I respectfully dissent as to the first division. I would adopt the decision of the Court of Appeals in Moore v. State, 137 Ga. App. 735 (224 SE2d 856) (1976), and Johnson v. State, 137 Ga. App. 740 (224 SE2d 859) (1976). See Smith v. Smith, 454 F2d 572 (5th Cir. 1971).

I am authorized to state that Justice Ingram joins in this dissent.