Hogland v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

In his motion for rehearing, appellant renews his complaint of the instruction to the jury on the issue of the suspended sentence, in which the court used *347the following language: “In passing upon the defendant’s plea for a suspended sentence the law authorizes you to take into consideration the general reputation of the defendant, but you will bear in mind that it is wholly discretional with the jury as to whether you do or do not recommend a suspension of sentence. And when you recommend a suspension of sentence the law provides that it is…