Davis v. State

There was only one count in the indictment, which charged two grades of the offense of robbery, to wit, robbery by force and robbery by intimidation. Where the crime charged has two grades, a general verdict of guilty will be construed as finding the defendant guilty of the higher charge, and the proof should support a verdict for the higher grade. Rivers v. State, 46 Ga. App. 778 (169 S. E. 260); Long v. State, 12 Ga. 293. However, in the instant case, the judge stated, in a note to the motion for new trial, that “the only issue submitted by the court to the jury was whether or not the…