(concurring) :
In concurring in the result of the opinion of the Chief Justice, I.believe that, under the facts given, the action taken by the trial judge was justified, and absent the limitation of the statute could be allowed. I think society would profit from legislative amendment of the subject statute, to allow a wider discretion to the trial judge, in matters of this nature. Such amendment would better serve the purpose of the statute, viz., to encourage the reformation of wrongdoers. As with other discretionary powers granted in the statute such power would be subject to review for abuse.
The matter should be remanded for re-sentencing.