
    Leslie EVANS v. STATE.
    3 Div. 934.
    Court of Criminal Appeals of Alabama.
    March 6, 1979.
    Rehearing Denied March 27, 1979.
    HARRIS, P. J., and BOOKOUT and BOWEN, JJ., concur.
    TYSON and DeCARLO, JJ., dissent.
   On Rehearing

ORDER

LEIGH M. CLARK, Retired Circuit Judge.

The application for rehearing is overruled without further opinion.

HARRIS, P. J„ and BOOKOUT and BOWEN, JJ., concur.

TYSON and DeCARLO, JJ.,

dissent for reasons stated in Evans v. State, Ala.Cr.App., 362 So.2d 1284; and Prothro v. State, 370 So.2d 740 (Ala.Cr.App.), rehearing overruled, February 20, 1979.

Petition dismissed, Ala., 372 So.2d 37.  