
    Ervin M. SMITH, Jr., Appellant, v. The STATE of Florida, Appellee.
    No. 66-877.
    District Court of Appeal of Florida. Third District.
    Oct. 17. 1967.
    Rehearing Denied Dec. 6, 1967.
    Robert L. Koeppel, Public Defender and John B. Orr, Jr., Sp. Asst. Public Defender, for appellant.
    Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for appellee.
    Before CHARLES CARROLL, C. J., and HENDRY and SWANN, JJ.
   PER CURIAM.

Affirmed.

CHARLES CARROLL, Chief Judge

(dissenting).

I dissent in that I would reverse for evi-dentiary hearing on the first of the two grounds contended for before us.  