concurring specially. There is but one final judgment in this record and the enumeration of errors clearly specifies error on the overruling of the amended motion for new trial, bringing this appeal under the purview of Code *53Ann. § 6-809 (d) (Ga. L. 1968, pp. 1072, 1073, 1074). However, this court is bound by the Supreme Court ruling in Ballew v. State, cited in the opinion, and that case is controlling here. I agree with the view expressed by Justice Felton’s dissent in that case.