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. See State v. Lowe, 130 So. 2d 288 (Fla.App.1961).
It is so ordered.
ERVIN, C. J., and ROBERTS, ADKINS and BOYD, JJ., concur. DREW, J., dissents with opinion.