MOBLEY, Justice.
The sole assignment of error in the remaining special ground is, that the trial court erred in refusing to charge: "That you gentlemen of the jury may, if you find the defendant guilty, recommend that he be punished, as for a misdemeanor," the criticism being that the charge, which was timely requested in writing, was pertinent and applicable to the facts in the case.
The record, separate and apart from the motion for new trial, shows that...
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