385 S.E.2d 412

DAY v. THE STATE.

46828.Supreme Court of Georgia.
DECIDED SEPTEMBER 11, 1989. RECONSIDERATION DENIED OCTOBER 4, 1989.

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 Smith, Gregory and Hunt, JJ., who dissent.

Page 455

DECIDED SEPTEMBER 11, 1989 — RECONSIDERATION DENIED OCTOBER 4, 1989.
Certiorari to the Court of Appeals of Georgia — 190 Ga. App. 580.

William H. Mills, for appellant.

Charles M. Ferguson, District Attorney, David H. Moseley, Assistant District Attorney, for appellee.

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