STATE v. HENRY

SOMERVILLE, J.

On the authority of the case of Henry v. State ex rel. Welch (6 Div. 620) 76 So. 417, and for the reasons therein stated, the judgment in this case will be reversed, and a judgment will be here rendered granting the writ of mandamus as prayed.

Reversed and rendered.

ANDERSON, C. J., and McCLELLAN, GARDNER and THOMAS, JJ., concur. SAYRE and SOMERVILLE, JJ., dissent. MAYFIELD, J., not sitting.