Supreme Court of Georgia April 15, 1925, No. 4551 (Ware v. State)

Atkinson, J.

1. On the trial of Ben Ware, charged with the murder of George Robinson, the judge charged the jury: “The law authorizes you where you find one guilty of murder, if you see fit to do so, to recommend that he be punished by imprisonment in the penitentiary for and during his natural life, or recommend him to the mercy of the court — which means the same thing; and in that event he