PER CURIAM.
The petition for the writ of certiorari is denied.
In denying the petition for the writ of certiorari, this Court does not wish to be understood as approving all the rationale stated in the Court of Criminal Appeals' opinion.Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).
WRIT DENIED.
Hooper, C.J., and Maddox, Houston, Cook, See, Lyons, Johnstone, and England, JJ., concur.
Brown, J., recuses herself.
Justice Brown was a member of the Court of Criminal Appeals when that court considered this case.