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THE STATE v. NELMS.

UNDERCOFLER, Presiding Justice.

Upon further consideration of this case, we conclude the certiorari was improvidently granted.

Dismissed. Nichols, C. J., Hill, J., and Judge Charles L. Weltner, concur. Jordan, Bowles and Marshall, JJ., dissent.

UNDERCOFLER, Presiding Justice.

ARGUED NOVEMBER 14, 1979 — DECIDED DECEMBER 5, 1979.
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STATE v. NELMS
(Dec 5, 1979)