On remand of this cause to this court by the Alabama Supreme Court, where the opinion of this court Ala.Cr.App., 387 So.2d 173, was reviewed by appropriate procedure, the judgment of the trial court is reversed and the cause is remanded on authority of Ex parte Patton (In re Patton v. City of Decatur), Ala., 337 So.2d 321.

REVERSED AND REMANDED.