This is the second presentation of this case to this court (Frank Moragne, alias, etc., v. State, 77 So. 322,1 present term), and the identical question is involved. I was unable to concur in the views of the majority when the case was formerly here. I still entertain the view that the opinion of the Court of Appeals is sound and properly treats the question. I therefore respectfully dissent.
1 200 Ala. 689.