Opinion
33471.
ORDERED MAY 18, 1978.
Certiorari to the Court of Appeals of Georgia — 144 Ga. App. 728.
ORDER OF COURT.
Upon further consideration of the application for writ of certiorari filed in this case, it is ordered that it be dismissed as improvidently granted.
All the Justices concur, except Hill, Bowles and Marshall, JJ., who dissent.
ORDERED MAY 18, 1978.
I dissent from the dismissal of certiorari for the reasons stated in my concurring opinions in Brown v. Ricketts, 235 Ga. 29 ( 218 S.E.2d 785) (1975), and Yates v. Brown, 235 Ga. 391 ( 219 S.E.2d 729) (1975), and my dissenting opinions in Mikle v. State, 236 Ga. 748 ( 225 S.E.2d 275) (1976), and State Board of Corrections v. Smith, 238 Ga. 565 ( 233 S.E.2d 797) (1977). See also Strickland v. Hopper, 571 F.2d 275 (5th Cir. 1978). I would not grant this escapee a new trial. While seeking relief pursuant to the rules, a defendant should abide by the rules.