
    STATE of Florida, Appellant, v. Frank T. TRACEY, Appellee.
    Supreme Court of Florida.
    May 2, 1958.
    Richard W. Ervin, Atty. Gen., and Odis M. Henderson, Asst. Atty. Gen., for appellant.
    Damon G. Yerkes, Jacksonville, for ap-pellee.
   PER CURIAM.

The judgment is affirmed on authority of Butler v. State of Michigan, 1957, 352 U.S. 380, 77 S.Ct. 524, 1 L.Ed.2d 412. The conclusion herein reached is not to be construed as reflecting adversely on the constitutionality of Section 847.01, Florida Statutes, F.S.A., as amended by Chapter 57-779 General Laws of Florida 1957 which was not here considered. See Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498.

TERRELL, C. J., and ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.  