Moody v. State

Candler, Justice.

Clyde Walter Moody was indicted in Cobb County for robbery. The indictment alleges that such act was accomplished by the unlawful use of an offensive weapon, namely, a loaded shotgun. The jury convicted the accused and fixed his punishment, at from 4 to 10 years in the penitentiary. He moved for a new trial on the usual general grounds, and later amended his motion by adding another ground, in which he alleges that the court erred in failing to instruct the jury that they had a right to recommend misdemeanor punishment if they convicted him of the offense charged. He was…