Opinion
37337.
DECIDED SEPTEMBER 29, 1981.
Certiorari to the Court of Appeals of Georgia — 157 Ga. App. 222.
Ken Gordon, for appellants.
Arthur E. Mallory III, District Attorney, Gerald S. Stovall, Assistant District Attorney, for appellee.
The court granted certiorari in order to determine 1) whether our holding in Kilgore v. State, 247 Ga. 70 ( 274 S.E.2d 332) (1981), applies to testimony concerning evidence that was the subject of a motion to suppress and 2) if the first question were answered in the affirmative, whether the consent search was valid.
In its opinion, the Court of Appeals stated that "the property seized was not introduced at trial and no objection was made to the admission of testimony relating to the seized property." Bailey v. State, 157 Ga. App. 222 ( 276 S.E.2d 843) (1981). Our review of the record discloses two additional facts: 1) that the property seized was unrelated to the offenses charged and 2) that the defense first made reference to the property and the search. Under these circumstances, we must conclude that the application for writ of certiorari was improvidently granted.
Writ dismissed as improvidently granted. Jordan, C. J., Hill, P. J., Marshall, Clarke, Smith and Gregory, JJ., concur.