dissenting as to the first division of this opinion.
The words "arises in the course of the employment” relate to the time, place and circumstances under which the accident takes place. General Fire &c. Ins. Co. v. Bellflower, 123 Ga. App. 864 (182 SE2d 678).
There was evidence offered to show that police officers employed by the City of College Park were on call twenty-four hours a day. However, according to testimony, the police officers worked definite, scheduled tours of duty (basically 8 hours) and were free to do as they pleased when not working their appointed shift. An "off duty” officer was not required to remain at a specific place *486or check in with the department except for court. While an officer might be called on for an emergency he would then receive overtime pay or compensatory time. Nothing in the record reveals that, under the rules and regulations pertinent thereto or by virtue of any special order, the deceased was actually on duty while driving to work.
Since the evidence did not demand a finding that the deceased died in the course of his employment, the finding by the board as affirmed by the superior court should not be reversed by this court.
I respectfully dissent. I am authorized to state that Chief Judge Bell and Judges Shulman and Birdsong concur.