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HARRIS v. STATE

23080.

221 Ga. 398 (1965)

144 S.E.2d 769

HARRIS v. THE STATE.

Supreme Court of Georgia.

Decided October 7, 1965.

Attorney(s) appearing for the Case

J. W. Yarbrough, for plaintiff in error.

Robert L. Vining, Jr., Solicitor General, Arthur K. Bolton, Attorney General, J. R. Parham, contra.

Cook, Justice.

The only headnote requiring elaboration is headnote 3. In ground 4 it is asserted that it was error to fail to 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...

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