dissenting.
I must reluctantly agree with appellant’s counsel — he was ineffective. Bruton v. United States, 391 U. S. 123 (1968), held that in a trial of two defendants, the admission into evidence of a pre-trial confession by one defendant who did not testify at trial, which confession implicated the second defendant, violates the second defendant’s right of confrontation and cross examination of the first defendant. Bruton was decided in 1968. This defendant was tried and convicted in early 1975. The Bruton violation found by the majority was not raised at trial or on the appeal to this court. Munsford v. State, 235 Ga. 38, 42-44 (218 SE2d 792) (1975).
I am unable to agree with the majority that the denial of defendant’s constitutional right of cross examination was "harmless beyond a reasonable doubt in light of the weight of the remaining evidence of his guilt.” On appeal, Munsford v. State, supra, this court said (235 Ga. at 44): "Admittedly, the evidence of guilt of the appellant Munsford is weaker than the evidence of guilt of the other two appellants when the statements of Daniels and Williams are disregarded as to Munsford.” I therefore dissent.