State v. Denson

Gunter, Justice.

We granted the state’s application for a writ of certiorari to review the decision and judgment of the Court of Appeals which was adverse to the state. See Denson v. State, 134 Ga. App. 876 (216 SE2d 606) (1975). We granted the writ to determine whether the Court of Appeals in its Denson decision has misinterpreted and misapplied this court’s decisions in Cunningham v. State, 232 Ga. 416 (207 SE2d 48) (1974) and McAuliffe v. Rutledge, 231 Ga. 1 (200 SE2d 100) (1973). The Court of Appeals, after stating that it was bound by these two decisions, said: "There, the Supreme Court…