Case Below:
BEATTY, Justice.
WRIT QUASHED AS IMPROVIDENTLY GRANTED.
TORBERT, C.J., and JONES and SHORES, JJ., concur.
MADDOX, J., concurs specially.
MADDOX, Justice (concurring specially).
The state, in its brief, admits that the case should be reversed, because the trial court failed to instruct the jury properly.
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