
    35472.
    THE STATE v. NELMS.
    Argued November 14, 1979
    Decided December 5, 1979.
    
      Harry N. Gordon, District Attorney, B. Thomas Cook,
    
    
      Jr., Assistant District Attorney, for appellant. Jack Affleck, for appellee.
   Undercofler, Presiding Justice.

Upon further consideration of this case, we conclude the certiorari was improvidently granted.

Dismissed.

Nichols, C. J., Hill, J., and Judge Charles L. Weltner, concur. Jordan, Bowles and Marshall, JJ., dissent.  