Echols v. State

In Johnson v. State, 98 Ga. 78, this court held that, on the trial of a person indicted for the commission of a felony other than one of those enumerated in section 1036 of the Penal Code, it was the duty of the court, whether so requested or not, to infqrm the jury of so much of the provisions of that section as related to their power, in the event of conviction, to recommend that the accused be sentenced as for a misdemeanor. To properly give in charge the provisions just indicated necessarily, we thought, involved telling the jury that “when such recommendation is approved by the judge…