McMullen v. State

Bell, Chief Justice.

The charge that, if the jury should find the defendant guilty of murder, they could, if they saw fit, recommend that he be punished by imprisonment for life, “and, in that event, he would be sent to the penitentiary to serve the rest of his life for his crime,” did not, when construed with its context, violate the rule that the judge shall- not express or intimate any opinion as to what has or has not been proved, or as to the guilt of the accused. Code, § 81-1104. The case in this respect is somewhat similar to Wilson v. State, 152 Ga. 337 (4) (110 S. E. 8), where the…