
    JOHN RANDOLPH HOOD v. STATE OF FLORIDA
    
      13 So. (2nd) 463
    January Term, 1943
    May 4, 1943
    En Bane
    Rehearing Denied June 4, 1943
    
      Thos. D. Beasley, for appellant.
    
      J. Tom Watson, Attorney General, and Woodrow M. Melvin, Assistant Attorney General, for appellee.
   BUFORD, C. J.:

The record in this case presents a question identical with those presented and adjudicated in the case of A. C. Brown v. State, in which opinion is this day filed and on authority of the opinion and judgment in that case the judgment herein is reversed.

So ordered.

BROWN, THOMAS, ADAMS and SEBRING, JJ., concur.

CHAPMAN, J., concurs specially.

TERRELL, J., dissents.

CHAPMAN, J.,

concurring specially:

I agree to a reversal of the judgment because the punishment imposed is cruel and unusual and the penalty prescribed by the Act is in derogation of the provisions of Section 8 of the Declaration of Rights of the Constitution of Florida.  