PER CURIAM.
This matter recurring on the petition for habeas corpus, the writ issued, and the answer of the respondent, and it appearing upon further consideration that the writ was improvidently issued, the writ of ha-beas corpus is discharged and the cause dismissed.'
It is so ordered.
ROBERTS, DREW, THORNAL and CARLTON, JJ., concur.
ERVIN, C. J., dissents with opinion.