Writ of certiorari having heretofore issued, argument having been heard, and the court having examined the record and briefs, it appears that the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged. See State v. Lowe, 130 So. 2d 288 (Fla.App. 1961).

It is so ordered.

(dissenting).

I dissent. I am in complete agreement with the views expressed and the judgment reached by Judge Rawls in his dissenting opinion in the district court, appearing at 221 So.2d 230.