
    35495.
    THE STATE v. MARTIN.
    Argued November 14, 1979
    Decided December 5, 1979
    Rehearing denied December 19, Í979.
    
      Dupont K. Cheney, District Attorney, Kenneth R. Carswell, Assistant District Attorney, for appellant.
    
      Arthur K. Bolton, Attorney General, flarrison Kohler, Assistant Attorney General, amicus curiae.
    
      Richard D. Phillips, for appellee.
   Undercofler, Presiding Justice.

After a careful review of the record and transcript in this case, we conclude certiorari was improvidently granted.

Dismissed.

Nichols, C.J., Hill, J. and Judge Charles L. Weltner, concur. Jordan, Bowles and Marshall, JJ., dissent.  