*1 coming jurisdiction, under property from its seek a same. preventing latter, order The school board chose to do the not filed in court a complaint its stated claim for relief. It should by judge. been dismissed the trial I respectfully dissent.

amI authorized to state that Justices Jordan and concur in this dissent.

28427. WYNN v. CALDWELL. Justice. Ulious an Wynn appeals order of the Tattnall Jordan, County Superior 28, 1973, August Court dated his denying application writ of corpus and remanding him to the of the custody respondent.

The appellant was convicted on burglary charges by jury

Newton County Superior 7, 1972, Court on June and sentenced imprisonment. years appellant alleged The in his petition, among things, that certain evidence introduced at his trial seized in violation of his rights; that he received assistance from his court-appointed counsel before, during, trial; and after his and that he was denied commitment hearing prior to indictment the Newton County Held: no merit l.We find in these contentions and therefore affirm the judgment of the trial court. The was arrested on the morning 5, 1972, of January high speed police after a chase to a minor traffic violation. When the sheriff entered the appellant’s vehicle in order to drive it to jail, he noticed several items both the front and back of appellant’s seats car. TV, Among stereo, clothes, these items were a packages, and a plate bearing name Algood, name of Wiley Jr.

Upon reaching jail sheriff ordered an immediate

investigation Algood home in order to determine whether there had in fact been a burglary. investigation Algood home was carried out a deputy sheriff accompanied by the father of the homeowner. The results investigation dwelling indicated that burglarized. had been father the homeowner goods identified those found in appellant’s possession as belonging to his son. Subsequent returned to were

identification, vehicle suspect time, only, at that time were Jail. At removing removed. While car those screwdriver, discovered from the vehicle the goods gain being the tool used to possibly the trial as to at later referred complains home. The Algood entry *2 concerning the testimony and into evidence screwdriver entered vehicle, of his violation in his constituted objects by the they in that were seized rights In the or a search warrant. our an arrest officers without including high speed the totality, taken in their circumstances car, chase, of the TV and stereo inside presence constitute sufficient plate, the name packages, and Maroney, Chambers v. to a search. See cause warrant probable 419). (90 1975, to this it 26 In addition 42 SC LE2d 399 U. S. in plain all the seized were from the record that appears view plain as would come under of the officers and such view (83 California, 1623, 10 LE2d 374 S. 23 SC See Ker v. U. doctrine.. 726), 286). (179 State, v. 57 SE2d and Anderson App. 123 Ga. rendered appointed that his counsel 2. also contends Appellant before, It and after trial. during, representation ineffective for petitioner counsel appointed from the record that appears trial, before the made a motion him more than once interviewed witnesses, sever, all the state’s adequately to cross examined right post-conviction appeal. of his to a informed concerning adequacy of counsel in our mind only question any counsel’s failure to examine upon appointed would center However, it in the record of appears on voir dire. jurors that counsel had been corpus hearing appellant’s available long jurors and was familiar with present all week decision, appellant, a conscious concurred made We just any as suitable as others. the first twelve would be (167 588) Perkins, Estes v. 225 Ga. 268 SE2d held they represented or other had lawyer lawyers, "While another trial, conducted her defense upon might her petitioner manner, different might have exercised a different petition, to the referred in her respect with matters judgments case in attorneys try petitioner’s the fact that her chose to as in which it tried and made certain decisions manner was she and her presently of her defense with which conduct disagree, require finding does not now employed attorneys as to was so petitioner their representation amount to denial to her of the effective assistance counsel.” petitioner’s claim of ineffective assistance of counsel is without merit. right

3.The also claims that he denied the to a hearing prior commitment County his indictment This court has held numerous occasions that after indictment and conviction the lack of a will not be construed as reversible error. (202 26); v. 231 Ga. 430 SE2d Thrash (193 605); Caldwell, Smith, 229 Ga. 585 SE2d 228 Ga. Griffin 4.We have reviewed the other enumerations of error them to find be without merit. Judgment except concur, All the Justices Gunter and affirmed. specially. JJ, who concur 16, 20, February Submitted November Decided Ralph Wynn, pro Ulious se. Attorney appellee. Bolton, General,

Arthur K. concurring specially. judgment Justice, I concur in the Gunter, *3 opinion. majority of affirmance but not with all that in the is said majority Division 3 of the holds the failure to accord not, a defendant a commitment will after indictment and my position conviction, be construed as reversible error. It is sought hearing, if an accused a commitment was denied a hearing, hearing, commitment did not waive then his conviction is erroneous failure on the be set and can aside because of

part procedural process of the state to accord him due my dissenting opinion of law. Ga. 430

Having convicting examined the record this case knowing voluntary I am satisfied that there was a waiver hearing, attorney. a commitment and his I am authorized to state that concurs in Justice this concurrence. & JONES CITIZENS SOUTHERN BANK. NATIONAL appeal summary judgment Justice. This is from Superior concluding Court of Laurens