
    113 So.2d 188
    Fred William SMITH v. STATE.
    8 Div. 985.
    Supreme Court of Alabama.
    May 21, 1959.
    Rehearing Denied June 25, 1959.
    Howell T. Heflin, Tuscumbia, for petitioner.
    MacDonald Gallion, Atty. Gen., opposed.
   STAKELY, Justice.

We concur in the conclusion reached by the Court of Appeals but do not wish to be understood as agreeing with all the statements of law contained in the opinion of that court.

Writ denied.

LIVINGSTON, C. J., and LAWSON and MERRILL, JJ., concur.  