(dissenting):
With deference I dissent from the order denying Appellant’s motion for modification of the opinion heretofore entered. On March 7, 1966, the Supreme Court decided the case of Pate v. Robinson, 86 S.Ct. 836. The Robinson case is strikingly similar to the one before the Court here. I would modify our opinion *558by changing the last sentence thereof to read as follows: “If the Court finds that counsel did not know of the lunacy adjudication, it shall then proceed further in light of Pate v. Robinson.”