The opinion
BRETT, Presiding Judge
(specially concurring) :
I concur that this conviction should be affirmed, but I am also convinced that any time a jury returns a verdict finding the defendant guilty which recites, “. and assess his punishment at 1 years in the penitentiary to be suspended for and during good behavior,” that the trial court should be required to either suspend the sentence or state reasons why the jury’s assessment is not to be followed.