
    28854.
    FLUELLEN v. THE STATE.
    Submitted May 3, 1974
    Decided May 7, 1974.
    
      Jay Wm. Fitt, for appellant.
    
      E. Mullins Whisnant, District Attorney, for appellee.
   Undercofler, Justice.

This case involves only an application of unquestioned and unambiguous provisions of the State and Federal Constitutions to a given state of facts and jurisdiction of such a case is in the Court of Appeals. On motion of the appellant, the case is transferred.

Transferred to the Court of Appeals.

All the Justices concur.  