Drury v. State

Wyatt, Presiding Justice.

The Court of Appeals expressed doubt as to the soundness of the ruling in the Howard case, supra, but said the ruling was binding as the oldest case on the question. As to the soundness of the Howard case, supra, we thoroughly agree, and this court has since the Howard case held exactly to' the contrary. See Hackney v. State, 101 Ga. 512 (28 S. E. 1007); Vincent v. State, 153 Ga. 278 (112 S. E. 120) and cases there cited. Many other cases of both this court and the Court of Appeals to the same effect, rendered since the Howard case, supra, could be cited.

A request has…