dissenting.
I agree with the majority that error was committed at the preliminary hearing, but I do not agree with the conclusion that this is not reversible error. Day v. State, 237 Ga. 538 (228 SE2d 913) (1976), was a post-indictment, post-conviction appeal while this is a habeas corpus action filed prior to indictment. In McClure v. Hopper, 234 Ga. 45, 48 (214 SE2d 503) (1975), we specifically said that *599although denial of a commitment hearing was "not ground for post-conviction habeas corpus due to mootness, denial of commitment hearing would be ground for pre-indictment habeas corpus.”
I am authorized to state that Justice Ingram joins in this dissent.