
    In re Walt WHITFIELD v. STATE of Alabama. Ex parte STATE of Alabama Ex rel. ATTORNEY GENERAL.
    SC 1201.
    Supreme Court of Alabama.
    May 22, 1975.
    William J. Baxley, Atty. Gen., and Charles N. Parnell, III, Asst. Atty. Gen., for the State, petitioner.
    None for respondent.
   MADDOX, Justice.

The Court has denied certiorari in the companion case of Ex parte State (In re: Wilson v. State), 295 Ala. -, 326 So.2d 315. Wilson was jointly indicted with Whitfield, see Ala.Cr.App., 56 Ala.App. 653, 324 So.2d 793. On authority of Ex parte State (In re: Wilson v. State) and Ex parte State (In re: Edwards v. State), 294 Ala. 358, 317 So.2d 512 (Ms.) decided May 22, 1975, the writ of certiorari was improvidently granted. After remand, appeal was dismissed, Ala.Cr.App., 56 Ala.App. 656, 324 So.2d 797.

Writ quashed.

HEFLIN, C. J., and MERRILL, BLOODWORTH, JONES, SHORES and EMBRY, JJ., concur.

FAULKNER, J., dissents.

ALMON, J., not sitting.  