Writ of certiorari having heretofore issued, argument having been heard, and the court having examined the record and briefs, it appears that the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged.
It is so ordered.
ROBERTS, DREW, THORNAL, CARLTON, ADKINS and BOYD, JJ., concur. ERVIN, C. J., dissents.