The opinion
The opinion in the above-entitled cause was prepared by our former Associate, Mr. Justice Miley, prior to the expiration of his term of office as a justice of this court. Since the expiration of his term, upon due consideration, the opinion prepared by him has been approved and adopted as the opinion of the court, and is now handed down as such.
All the Justices concur, except HARDY, C. J., and KANE and SHARP, JJ., who dissent, and HARRISON, J., not participating.