The petition for writ of certiorari reflected probable jurisdiction in this Court. After argument and upon further consideration, we have determined the writ was improvidently issued. The writ must be and is discharged and the petition is dismissed.

It is so ordered.

ON REHEARING GRANTED

A rehearing having been granted in this cause and the case having been further considered upon the record and the briefs of the respective parties, the order dismissing the petition filed November 12, 1969 is hereby adhered to on rehearing.

It is so ordered.

ROBERTS, Acting C. J., DREW, THORNAL, CARLTON, ADKINS and BOYD, JJ., and MANN, District Court Judge, concur.