concurring specially.
In the light of the holding in Gagnon v. Scarpelli, 411 U. S. 778 (93 SC 1756, 36 LE2d 656) I do not think that this court can continue to adhere to the broad rule laid down in Mercer v. Hopper, 233 Ga. 620 (212 SE2d 799) (1975) and similar cases. However, where the revocation is based upon grand jury indictments, as in this case, the appellant does not bring himself within the Scarpelli ruling.
I therefore concur in judgment of the habeas court remanding the appellant to custody.
I am authorized to state that Justice Hill joins in this special concurrence.