Brawner v. State

Under authority of Johnson v. State, 58 Ga. 491, Hill v. State, 72 Ga. 131, Cohen v. State, 116 Ga. 573, 576 (42 SE 781), and Jennings v. State, 212 Ga. 58, 59 (90 SE2d 401), I am compelled to dissent because in the present case the instruction that the jury might recommend mercy as a matter of forgiveness was an expression of opinion that the defendant was guilty.

Accordingly, I dissent from Division 5 of the opinion and the judgment of affirmance in case No. 23184.