108 Ga. 40 | Ga. | 1899
Yet, we think, in cases like this, the better practice would be for the court to call the attention of the jury to the law, and merely state to them, if they thought proper they might, in addition to the verdict of guilty, recommend that defendant be imprisoned in the penitentiary for life.” While I readily acknowledge the binding force of this decision, I may yet be permitted to say that I am at a loss to determine why, if the language of the charge did not circumscribe or restrict the jury in the exercise of their right to recommend, it would be the better practice not to use the language of the charge.
Let the judgment of the court below be
Affirmed.