¶1concurring specially.
¶2Code § 70-207 (a) (Ga. L. 1968, pp. 1072, 1078) permits the appellant in a criminal case to appeal an erroneous charge or omission in charge without first raising the issue in the trial court. But see Thomas v. State, 234 Ga. 615, 618 (216 SE2d 859) (1975).
¶3In Sims v. State, 234 Ga. 177 (2) (214 SE2d 902) (1975), this court held (at 179): “The benefits of this rule are not deemed waived by defendant even where his counsel states to the trial judge that he has no objection to the charge of the court.”
¶4Sims v. State, supra, was overruled in White v. State, 243 Ga. 250, 251 (253 SE2d 694) (1979), with Justices Jordan and Hill dissenting. I adhere to that dissent and would apply Sims v. State, supra, here.
¶5Hbwever, I concur in the judgment in this case for a different reason. The majority base their decision on waiver. Thus the majority impliedly find error in the impeachment charge by omission of impeachment by prior felony convictions. I would find no error, there having been no request to charge on impeachment by prior felony convictions. In Webb v. State, 140 Ga. 779 (1) (79 SE 1126) (1913), the court held: “If the trial judge undertakes to instruct the jury as to the methods by which a witness may be impeached, he should instruct them as to all the methods of impeachment, so far as the instructions are authorized by the evidence. But it has been held by this court that his failure to do so will not require the grant of a new trial, where no written request was made to charge the jury as to the mode of impeachment omitted from his instructions upon the subject of impeachment of witnesses. Millen &c. R. Co. v. Allen, 130 Ga. 656 (5), 657 (61 SE 541).” See also Smaha v. George, 195 Ga. 412, 419-420 (24 SE2d 385) (1943); Jackson v. State, 92 Ga. App. 774 (3) (90 SE2d 29) (1955).
¶6I therefore concur in the judgment.
¶7I am authorized to state that Presiding Justice Jordan joins in this special concurrence.