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.