
    Thomas J. CARDWELL, Appellant, v. STATE of Florida, Appellee.
    No. E-377.
    District Court of Appeal of Florida, First District.
    March 31, 1964.
    George G. Phillips, Jr., Public Defender, for appellant.
    James W. Kynes, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee.
   PER CURIAM.

Affirmed. See Dykes v. State, Fla.App., 162 So.2d 675.

STURGIS, C. J., and WIGGINTON, J., concur.

CARROLL, DONALD K., J., dissents.

CARROLL, DONALD K., Judge

(dissenting).

I dissent for the reasons stated in my dissenting opinion in Dykes v. State, Fla.App., 162 So.2d 675. I think that the appellant should have been given an opportunity to present evidence on the issue as to whether he competently and intelligently waived his right to counsel at the trial.  