concurring specially. When this case was first before this court (28 Ga. App. 350, 111 S. E. 443), it was held that the evidence was insufficient to warrant a verdict of guilty. As to the main facts there is no material variance between the evidence in the present record and that in the record when the case was first before this court, and the decision then rendered is controlling. Eor this reason I concur in the present judgment.