is of the opinion this Court is denying an opportunity for review of the controversial and 4-3 decision in State v. Prieur, 277 So.2d 126 (La.1973) and State v. Moore, 278 So.2d 781 (La.1972). Moreover, the later decision in State v. Frezal, 278 So.2d 64 is controlling here and the distinction of the trial judge is not supported by reason or logic.
MARCUS, J., is of the opinion that the writ should be granted.