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DAVIS v. STATE

27198.

229 Ga. 437 (1972)

192 S.E.2d 149

DAVIS v. THE STATE.

Supreme Court of Georgia.

Decided September 8, 1972.

Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Morris H. Rosenberg, Joel M. Feldman, Carter Goode, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, Thomas W. Greene, Deputy Assistant Attorney General, for appellee.

GUNTER, Justice.

The appellant was convicted of robbery as defined in former Code § 26-2501. His appeal here enumerates and insists upon two errors alleged to have been committed in the trial court.

First, he contends that the trial judge committed error in failing to instruct the jury that they could recommend misdemeanor punishment on the charge of "robbery by use of an offensive weapon." In support of...

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