Harris v. State

Cook, Justice.

The only headnote requiring elaboration is headnote 3. In ground 4 it is asserted that it was error to fail *401to charge the jury Code Ann. § 27-2501, providing that in all felonies, except those therein excepted, the jury may recommend punishment as for a misdemeanor. It is contended that if the evidence in the case showed that the crime of robbery was committed, it was committed by the use of an offensive weapon, which is not one of the excepted felonies. Counsel for the defendant cites in this connection Moody v. State, 216 Ga. 192 (3) (115 SE2d 526), in which it was held that…