¶1concurring specially.
¶2In the case of State v. King, 137 Ga. App. 26 this court held, with the opinion being written by Judge Evans, that the trial court properly dismissed the defendant because he had not been brought to trial promptly and was therefore denied his constitutional right of a speedy trial. In the case at bar, the majority opinion holds that the defendant should not be dismissed for lack of a speedy *730trial, in which judgment I concur. But I feel it proper to point out a very pertinent difference in the Kingcase and in the case at bar. In King, supra, the defendant was out of jail — on bond — whereas in the case at bar the defendant is in jail on another charge, serving a sentence at Reidsville, and under these circumstances he is not injured by failure of the state to give him an early trial. He can only serve one day at a time, and for the present, he is fully occupied with service of a sentence from a prior case.