Henderson v. State

Quillian, Presiding Judge.

Defendant appeals his conviction for burglary. Held:

1. The evidence was sufficient to sustain the verdict and judgment.

2. The failure to charge a lesser included crime was not error in the absence of a written request by the defendant. State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354). See Burton v. State, 137 Ga. App. 686 (2) (224 SE2d 876).

3. The defendant contends it was error to fail to charge that the jury might recommend that defendant could be punished as for a misdemeanor. Under Code Ann. § 27-2503 (Ga. L. 1974, pp. 352, 357) this principle no longer need be…