Opinion
35506.
ARGUED NOVEMBER 14, 1979.
DECIDED MARCH 4, 1980.
Certiorari to the Court of Appeals of Georgia — 151 Ga. App. 46.
Lewis R. Slaton, District Attorney, H. Allen Moye, Carole E. Wall, Assistant District Attorneys, for appellant.
John A. Nuckolls, for appellee.
We granted certiorari to review the decision of the Court of Appeals in Bowers v. State, 151 Ga. App. 46 ( 258 S.E.2d 623) (1979), wherein the trial court's denial of appellant's motion to suppress was reversed. Upon consideration by this court we find that the Court of Appeals was correct in holding that at the time of appellant's arrest probable cause was absent, rendering the subsequent search invalid. Accordingly, we affirm.
Judgment affirmed. All the Justices concur, except Marshall, J., who concurs in the judgment only.