
    30798.
    GIBBONS v. THE STATE.
    Argued April 12,1976
    Decided July 15, 1976.
   Nichols, Chief Justice.

In view of the decision of this court in State v. Moore, 237 Ga. 269 (1976), the certiorari in this case was improvidently granted and is dismissed.

Dismissed.

All the Justices concur, except Ingram and Hill, JJ., who concur in the judgment only, and Gunter, J., who dissents.

John W. Timmons, Jr., Jack H. Affleck, for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.  