Manders v. State

1. In Cade v. State, 41 Ga. App. 378 (153 S. E. 76), it was held that, “Where a person is on trial for a [reducible] felony, and in his charge the judge instructs the jury that in the event they should find the defendant guilty they could go further and add to their verdict, ‘and we recommend that he be punished for a misdemeanor,’ [in the absence of a request to charge] it was not error for the court to fail to ‘tell the jury what the punishment for a misdemeanor would be, or should be.’ ” The Cade case was followed in Fanning v. State, 52 Ga. App. 66 (182 S. E. 410). After careful…