State v. Greeson

Full title: THE STATE v. GREESON et al

Court: Supreme Court of Georgia

Date published: Jun 23, 1976

227 S.E.2d 324 (Ga. 1976)

227 S.E.2d 324

Opinion

31333.

SUBMITTED JUNE 23, 1976.

DECIDED JUNE 23, 1976. REHEARING DENIED JULY 8, 1976.

Certiorari to the Court of Appeals of Georgia — 138 Ga. App. 572 (1976).

Charles Crawford, Assistant District Attorney, for appellant.

Garland, Nuckolls Kadish, John A. Nuckolls, for appellees.

HALL, Justice.

Pursuant to Rule 36 (c) this court grants the applicant's petition for a writ of certiorari. The decision of the Court of Appeals is reported in Greeson v. State, 138 Ga. App. 572 (1976).

1. Division 3 of the Court of Appeals' opinion is in conflict with Spaulding v. State, 232 Ga. 411 (4) ( 207 S.E.2d 43) (1974) and the holding of this division is reversed.

2. We affirm the judgment of reversal for the reasons stated in Division 4 of the opinion by the Court of Appeals.

Judgment affirmed in part and reversed in part. All the Justices concur.

HALL, Justice.

SUBMITTED JUNE 23, 1976 — DECIDED JUNE 23, 1976 — REHEARING DENIED JULY 8, 1976.