Opinion
January 21, 1949.
Appeal from Criminal Court of Record, Polk County; R.H. Amidon, Judge.
T. Hoyt Carlton, of Wauchula, for appellant.
Richard W. Ervin, Atty. Gen., and
Reeves Bowen, Asst. Atty. Gen., for appellee.
Affirmed.
ADAMS, C.J., and THOMAS, and HOBSON, JJ., concur.
I concur in affirmance without reservation, notwithstanding the fact that it appears to me that the punishment imposed is rather excessive. The imposition of penalties is a matter placed within the jurisdiction of the trial court and it is only in a rare instance that an appellate court will interfere with the exercise of this discretion by the trial judge.