HERBERT, J.
Following our judgment in this case, appellant appealed to the United States Supreme Court. Under a mandate of May 14, 1974, that court vacated our judgment and remanded the cause to this court for further consideration in light of Lewis v. New Orleans (1974), U. S., 39 L. Ed. 2d 214, which was decided subsequent to the publication of our first opinion.
The next to last paragraph of the majority opinion in Lewis states:
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