Opinion
September 25, 1957. On Rehearing June 4, 1958. Rehearing Denied September 10, 1958.
Writ of Certiorari to the Circuit Court for Dade County; Charles A. Carroll, Grady L. Crawford, Pat Cannon, Robert L. Floyd and Robert H. Anderson, Judges.
Dan Chappell, Hilton R. Carr, Jr., and Herbert A. Warren, Jr., Miami, for petitioner.
Richard W. Ervin, Atty. Gen. and George R. Georgieff, Asst. Atty. Gen., for respondent.
Certiorari denied without opinion.
On Rehearing Granted
This is a companion case to King v. State, 104 So.2d 730, and is controlled by the principles of law enunciated therein.
Accordingly, certiorari is granted and the order here reviewed is quashed with directions to remand the cause to the trial court for a new trial.
It is so ordered.
TERRELL, C.J., HOBSON and ROBERTS, JJ., and LOPEZ, Circuit Judge, concur.
DREW, THORNAL and O'CONNELL, JJ., dissent.