OPINION AND ORDER
The motion of the Commonwealth of Kentucky for a review of the decision of the Court of Appeals is granted.
The decision of the Court of Appeals, 581 S.W.2d 368, rendered September 15,1978, is now vacated, and this proceeding is remanded to the Court of Appeals for reconsideration in light of Kentucky v. Whorton, 441 U.S. 786, 99 S.Ct. 2088, 60 L.Ed.2d 640 (1979), and this court’s opinion in Whorton v. Commonwealth, Ky., 585 S.W.2d 388, 1979.
All concur.
Entered October 2, 1979.