Smith v. State

Judge Harold R. Banke.

The decision of the Court of Appeals in this case having been reversed by the Supreme Court, Smith v. State, 268 Ga. 196 (486 SE2d 819) (1997), our decision in Smith v. State, 222 Ga. App. 412, 413 (2) (474 SE2d 291) (1996), is hereby vacated, and the judgment of the Supreme Court is made the judgment of this Court.

Judgment reversed.

Birdsong, P. J., and Blackburn, J., concur.