Opinion
6 Div. 915.
March 31, 1981. Rehearing Denied May 5, 1981.
Appeal from Circuit Court, Jefferson County; Wallace C. Gibson, Judge, following remand, 399 So.2d 875.
Robert W. Gwin, Jr., Birmingham, for appellant.
Charles A. Graddick, Atty. Gen., and Mary Jane LeCroy, Asst. Atty. Gen., for appellee.
ON RETURN TO REMAND
Reversed and remanded on the authority of Beck v. State, Ala., 396 So.2d 645 (1980, modified March 6, 1981).
REVERSED AND REMANDED.
All Judges concur.