The opinion
BRETT, Judge
(concurring in part and dissenting in part).
I concur that it was within the province of the jury to find defendant guilty of the charge, but I dissent to the use of defendant’s former conviction sustained when he was seventeen years of age, and I believe the punishment is excessive. I reiterate my position with respect to Lamb v. Brown, supra, in that I believe that decision went to the jurisdiction of juvenile matters and therefore I believe it should be construed to be fully retroactive. Likewise, it shocks my conscience to impose a sentence of ninety-nine (99) years imprisonment on the facts presented in this case.