The judgment of the Circuit Court remanding the plaintiff in error to the custody of the defendant in error to await the execution of the judgment and sentence of death should be affirmed on authority of the opinion and judgment in the case of J. W. Buchanan v. L. F. Chapman, filed at this Term of the Court, and it is so ordered.

Affirmed.

WHITFIELD, TERRELL and BUFORD, J. J., and JOHNSON, Circuit Judge, concur.

DAVIS, C. J., disqualified.

BROWN, J., dissents.