Givens v. State

McMurray, Presiding Judge,

concurring specially.

While I agree this case must be reversed, as directed by the Supreme Court of Georgia in Givens v. State, 264 Ga. 522 (448 SE2d 687), I cannot agree with the statements of the majority in its second, third and fourth paragraphs.

I am authorized to state that Judge Smith joins in this special concurrence.