Winslow v. State

Bell, Chief Judge.

The defendant was convicted of attempted burglary and possession of a firearm during an attempt to commit a crime. The only error that is argued on appeal is the failure of the trial court to charge the jury that it might recommend that the defendant be punished as for a misdemeanor. Held:

Code § 26-3101 (a), which became effective on July 1, 1969 is no longer the law. At the time of the trial of this case, Code § 27-2503 (Ga. L. 1974, pp. 352, 355), was in effect. This new statute removed the power of the jury to impose punishment except in cases in which the death penalty…