Petition of State of Alabama for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that court in Malone v. State, 51 Ala. App. 19,282 So.2d 367, having been heretofore granted, the court, after further *Page 790 consideration, is of the opinion the same should be quashed as improvidently granted.
Writ quashed.
HEFLIN, C. J., and COLEMAN, BLOODWORTH, FAULKNER and JONES, JJ., concur.
MERRILL, HARWOOD, MADDOX and McCALL, JJ., dissent.