dissenting on denial of petition for rehearing. I would grant the rehearing to the extent of treating the appeal as a petition for certiorari and considering the issue on its merits.
I am authorized to state that Mr. Justice Byrd joins me in this.
CR 76-133
545 S.W. 2d 606
Opinion delivered December 20, 1976
(In Banc)
Rehearing denied February 7, 1977
dissenting on denial of petition for rehearing. I would grant the rehearing to the extent of treating the appeal as a petition for certiorari and considering the issue on its merits.
I am authorized to state that Mr. Justice Byrd joins me in this.