
    41 So.2d 280
    Harold TINGLEY v. STATE.
    6 Div. 886.
    Supreme Court of Alabama.
    May 26, 1949.
    Rehearing Denied June '30, 1949.
    H. L. Andcrton, of Birmingham, for petitioner.
    A. A. Carmichael, Atty. Gen., and Win'. N. McQueen, Asst. Atty. Gen., opposed.
   STAKELY, Justice.

Petition of Harold Tingley for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of Tingley v. State, 41 So .2d 276.

In view of the finding of fact set forth in the opinion of the Court of Appeals, the writ is denied on the authority of Russell v. State, 251 Ala. 268, 37 So.2d 233.

Writ denied.

BROWN, LIVINGSTON and SIMPSON, JJ., concur.  