Concurring.
The reversible error in this record is in the judgment. Anterior proceedings are free from error. This error should not be given retroactive effect. The judgment should be reversed for proper judgment, not for new trial. Poyner v. State, 81 Fla. 726, 88 South. Rep. 762; Roberts v. State, 30 Fla. 82, 11 South. Rep. 536; Palatka & Indian River R. R. Co. v. State, 23 Fla. 546, 3 South. Rep. 158; Keech v. State, 15 Fla. 561.