Colson v. State

1. I would reverse the judgment of conviction, but not upon the basis set forth in the majority opinion.

In State v. Stonaker, 236 Ga. 1 (222 SE2d 354) the Supreme Court set forth the following rules: "(1) The trial judge must charge the jury on each crime specified in the indictment or accusation, unless the evidence does not warrant a conviction of such crime, or unless the state has affirmatively withdrawn a crime or stricken it from the indictment or accusation. (2) The trial judge also may, of his own volition and in his discretion, charge on a lesser crime of that included in the…