MOBLEY, Justice.
This case is before this court on grant of certiorari to the Court of Appeals. Upon further consideration and study of the case, we are of the opinion that the decision of the Court of Appeals is correct. However, since the question at issue is an open one in this State, and the authorities from the other states are about evenly divided on the question, we think the issue should be settled in this State. Thus we affirm the judgment, rather than dismissing...
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