¶2By denying this petition we do not wish to be understood as agreeing with the rationale advanced by the Court of Criminal Appeals in its opinion. See: McElroy, Law of Evidence in Alabama, Vol. 2, § 200.13 (5) (2d Ed. 1962).
¶3WRIT DENIED.
¶4TORBERT, C.J., and MADDOX, JONES, SHORES and BEATTY, JJ., concur. *942