Gant v. State

1. The indictment in this case was for robbery, and charged, in one count, that the crime was committed by force and intimidation ; and the trial judge inadvertently omitted to charge separately upon robbery by intimidation. The evidence was sufficient to authorize a conviction of either offense, but the accused was found guilty with a recommendation that he be punished as for a misdemeanor, and the judge sentenced him in accordance *206with the recommendation. .Held, that, as both the grades of robbery are felonies, the omission to charge upon them separately was in this case harmless to the…