Fanning v. State

James Fanning was found guilty under an indictment charging him with assault with intent to murder by cutting Irving Williams with a razor. The question for determination is whether the court erred in overruling Fanning’s motion for new trial.

It is averred in the first special ground that the judge committed error in that, after instructing the jury that they could recommend that the defendant be punished as for a misdemeanor, he "did not go further . . and explain to the jury what punishment could be inflicted . . under a misdemeanor sentence.” Under the ruling in Cade v. State, 41 Ga. App.…