dissenting. I would enthusiastically concur with the majority opinion in this case as it sets out the correct principles of law applicable to cases involving greater and lesser offenses, were it not for the fact that *753the majority opinion is in direct conflict with the two recent whole court cases of Burns v. State, 127 Ga. App. 828 (195 SE2d 189) and Sturgis v. State, 128 Ga. App. 85 (195 SE2d 682). Also compare Thomas v. State, 128 Ga. App. 538.
This court is not applying the principles of the merger of lesser includable crimes uniformly. In narcotic cases such as Burns and Sturgis, supra, this court has forgiven and eliminated conviction and punishment of the lesser crime of illegal possession of narcotics. In non-narcotic cases such as this case and Thomas, supra, this court has not forgiven and eliminated conviction and punishment of the lesser crime of illegal possession (of the pistol in this particular case). This court in Thomas, supra, and in this case, has not cited or attempted to distinguish in any way the two important whole court cases above referred to. All three majority opinions are silent as to this point.
In my opinion the results in Burns and Sturgis, supra, constitute a judicial usurpation of a legislative prerogative. However, the majority opinion in this case should endeavor to distinguish those cases from this case.
The two lesser crimes of illegal possession of a pistol, that is carrying it without a license and carrying it concealed, merge and are lesser includable crimes with the greater crime of aggravated assault with intent to rob while possessing the same pistol, and therefore the conviction of the two lesser crimes under the authority of Burns and Sturgis, supra, should be reversed, as this constitutes double jeopardy.
I respectfully dissent.