dissenting. I dissent from the ruling made by the majority in this case, which is its second appearance in this court, for the reasons given in my dissent when the case was first here (Kenimer v. State, supra); and for the additional reason that under the state of the record this court is powerless *269to direct what punishment shall be imposed. See McCullough v. State, 11 Ga. App. 612 (6), 618 (76 S. E. 393). Attention is especially called to the fact that the penalty is left by the statute to the discretion of the trial judge, and the penalty here does not exceed the limits prescribed by such statute, and the statute is not attacked as being unconstitutional. See Whitten v. State of Georgia, 47 Ga. 298 (2).