The parties are to bear their respective costs of this appeal. All costs of this appeal are taxed to Montgomery County. All costs of this appeal are taxed to appellant. All costs of this appeal are taxed to appellee. Bridges, P.J., concurs with separate written opinion.
Costs are to be divided equally between the appellant and the appellee.
The judgment of the Harrison County Circuit Court finding Garner Ted Clark guilty of armed robbery is reversed and this cause is remanded for further proceedings not inconsistent with this opinion. The costs of this appeal are assessed to Harrison County. Payne, J., dissents with separate written opinion joined by Barber, J. Thomas, P.J., not participating. Costs are assessed to the appellee. Bridges, P.J., not participating.