¶11. The judgment of this court (Pickens v. State, 109 Ga. App. 747, 137 SE2d 404), dismissing the writ of error, having been reversed by the Supreme *644Court of Georgia (Pickens v. State, 220 Ga. 329, 138 SE2d 655), the judgment of this court is vacated.
¶22. The facts of this case raise a question indentical to the question decided in Fair v. State, ante; therefore, this case is controlled by the decision in Fair v. State, and the judgment of the trial court must be affirmed.
¶3Judgment affirmed.