12 Ga. App. 644 | Ga. Ct. App. | 1913
The plaintiff in error was convicted of the offense of robbery by intimidation, and with a recommendation that he be punished as for a misdemeanor. It is very plain from the record that he could have been convicted of robbery by force, if the
It is well settled, of course, that robbery by force and robbery by intimidation, being each merely different grades of the same offense, may be joined in the same count, and that the defendant may be convicted of either, according to the proof. Long v. State, 12 Ga. 293; Fanning v. State, 66 Ga. 167; Lampkin v. State, 87 Ga. 516 (13 S. E. 523). It is equally well settled that where the indictment is of this character, and a general verdict of guilty is returned, it will be construed-to be a verdict finding the defendant guilty of the graver, offense, to wit, robbery by force. Harris v. State, 1 Ga. App. 136 (57 S. E. 937), and citations. However, in all rulings
This ruling disposes also of the various exceptions to instructions of the court upon the subject of robbery by intimidation. In the state of the record, the trial judge should not have referred to robbery by intimidation, or to the penalty attaching to one convicted of that offense. The only issue presented by the evidence was whether the defendant was guilty of the offense of robbery by force. Jacques v. State, 111 Ga. 836 (36 S. E. 104).
It is not necessary to rule upon the assignment of error relating