concurring specially in Division 1.
I agree that "Stonaker clearly provides that the failure to charge on a lesser included offense, without request, is not error.” However, it should be noted that this failure does not preclude this court from granting a new trial "where the omission is clearly harmful and erroneous as a matter of law in that it fails to provide the Jury with the proper guidelines for determining guilt or innocence.” Spear v. State, 230 Ga. 74, 75 (195 SE2d 397) (1973). In my opinion, this case does not come within the above exception.
I am authorized to state that Justice Ingram joins in this special concurrence.