¶1(concurring specially).
¶2I agree with the view expressed by Judge Cates in his dissenting opinion. However, I vote to affirm the judgment of conviction because the evidence in question was already before the jury and if there was error in the trial judge’s subsequent ruling, I consider it harmless. Tit. 15, § 389, Code of Alabama, 1940, recompiled 1958; Supreme Court Rule No. 45.