On authority of Ray v. City of Prichard, 45 Ala.App. 32, 222 So.2d 345 (cert. den. 396 U.S. 931, 90 S.Ct. 261, 24 L.Ed.2d 228), the judgment below is

Affirmed.

dissents on authority of Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435, and his dissenting opinion in Lazarte v. City of Mountain Brook, 6 Div. 1, 46 Ala.App. 653, 248 So.2d 148 (presently on cert. in the Sup.Ct. of Ala.).