
    Phillip ALBANO, Appellant, v. STATE of Florida, Appellee.
    Supreme Court of Florida. En Banc.
    May 11, 1955.
    Frank Ragano and Edward I. Cutler, Tampa, for appellant.
    Richard W. Ervin, Atty. Gen., and Moie J. L. Tendrich, Asst. Atty. Gen., for appel-lee.
   PER CURIAM.

This case is controlled by Seaboard Air Line Railroad Company v. Holt, 80 So.2d 354.

For reasons stated in the opinion in that case, the motion to dismiss the appeal herein must be, and it is hereby, denied.

DREW, C. J., and TERRELL, THOMAS, HOBSON and ROBERTS, JJ., concur.

SEBRING, J., dissents.

THORNAL, J., not participating.  