
    Clance Sidney ALEXANDER v. STATE of Arkansas
    CR 76-133
    545 S.W. 2d 606
    Opinion delivered December 20, 1976
    (In Banc)
    Rehearing denied February 7, 1977
   John A. Fogleman, Justice,

dissenting on denial of petition for rehearing. I would grant the rehearing to the extent of treating the appeal as a petition for certiorari and considering the issue on its merits.

I am authorized to state that Mr. Justice Byrd joins me in this.  