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SMITH v. STATE

42178.

254 Ga. 536 (1985)

333 S.E.2d 371

SMITH v. THE STATE.

Supreme Court of Georgia.

Decided July 2, 1985.

Attorney(s) appearing for the Case

R. David Carr, for appellant.

E. Byron Smith, District Attorney, for appellee.

PER CURIAM.

After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari and the writ is therefore vacated.

All the Justices concur, except Hill, C. J., Clarke and Bell, JJ., who dissent.

HILL, Chief Justice, dissenting.

I would adopt Judge Beasley's dissent. See Smith v. State, 173 Ga.App. 889, 890 (328 S.E.2d 553

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