Ex parte Hite

SIMPSON, Justice.

The opinion heretofore entered in this cause on September 2, 1965, is hereby withdrawn.

Since the filing of the Court’s original opinion the Clerk of the Circuit Court of Montgomery County has certified to this Court a copy of an order of the lower court here sought to be reviewed. The order reads as follows:

“WILLIAM A. HITE Petitioner VS. STATE OF ALABAMA Respondent IN THE FIFTEENTH JUDICIAL CIRCUIT MONTGOMERY COUNTY, ALABAMA

ORDER

“This cause coming on to be heard is submitted for order and decree on petition for free transcript. The court having read and understood the…