Category: Georgia Court of Appeals Opinions

457 S.E.2d 181 GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. RICHARDSON. A94A2297.Court of Appeals of Georgia. DECIDED MARCH 16, 1995. RECONSIDERATION DENIED MARCH 31, 1995. CERT. APPLIED FOR. McMURRAY, Presiding Judge. Linda Richardson a/k/a Linda Morgan (plaintiff) brought an action against Georgia Farm Bureau Mutual Insurance Company (“Farm Bureau”) to recover under her homeowners insurance […]

703 S.E.2d 26 JONES v. MURPHY. No. A10A1080.Court of Appeals of Georgia. DECIDED OCTOBER 21, 2010. DOYLE, Judge. In this premises liability suit, Richard D. Jones appeals from the grant of summary judgment to Shelley Murphy, whom he sued after he walked through a sliding glass door at her house. For the reasons that follow, […]

628 S.E.2d 171 JEFFERSON INSURANCE COMPANY v. THOMAS et al. A06A0063.Court of Appeals of Georgia. DECIDED MARCH 7, 2006. MIKELL, Judge. At issue is whether Jefferson Insurance Company (“Jefferson”), the uninsured motorist insurer of a passenger injured in a single car automobile collision, must provide the coverage afforded by the permissive driver’s insolvent liability insurer […]

143 S.E.2d 568 MITCHELL v. GAY. 41074.Court of Appeals of Georgia.SUBMITTED JANUARY 11, 1965. DECIDED JUNE 18, 1965. 1. The court’s charge substantially in terms of Code § 105-603 stated a correct and complete principle of law, and if plaintiff desired further amplification on the point of law charged, she should have submitted an appropriate […]

357 S.E.2d 131 HERNANDEZ v. THE STATE. 73705.Court of Appeals of Georgia. DECIDED APRIL 20, 1987. REHEARING DENIED MAY 5, 1987. McMURRAY, Presiding Judge. Via indictment, a Clarke County grand jury charged and accused defendant and Charles May with the offense of trafficking in cocaine. It was charged that on December 8, 1985, defendant and […]

190 S.E.2d 546 COHN et al. v. COMBS. COHN v. COMBS. 46888, 46889.Court of Appeals of Georgia.SUBMITTED FEBRUARY 7, 1972. DECIDED MAY 12, 1972. EBERHARDT, Presiding Judge. These two appeals are from cases tried together in the lower court based on an intersectional collision on August 11, 1962, in the City of Atlanta between an […]

311 S.E.2d 232 DeWATERS v. CITY OF ATLANTA. 66661.Court of Appeals of Georgia. DECIDED NOVEMBER 28, 1983. POPE, Judge. Plaintiff/appellant brought this action for damages against the City of Atlanta alleging negligence in maintaining a sewer grate “running parallel to the direction of traffic causing a severe and serious hazard to bicyclists. . . .” […]

237 S.E.2d 651 JONES v. ASSOCIATED INDEMNITY CORPORATION (two cases). 54012, 54013.Court of Appeals of Georgia.SUBMITTED MAY 23, 1977. DECIDED JULY 14, 1977. REHEARING DENIED JULY 29, 1977. McMURRAY, Judge. On January 28, 1975, Dwight and Willie Jones were passengers in an automobile owned and operated by Clyde Weaver which was insured by Associated Indemnity […]

323 S.E.2d 718 JARRETT et al. v. JONES. 68370.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1984. McMURRAY, Chief Judge. This case involves a purchase of real property by Mr. and Mrs. Jarrett from Mr. and Mrs. Jones on or about July 30, 1980, under a residential sales contract executed on May 15, 1980. Approximately […]

546 S.E.2d 30 GEORGIA FARM BUREAU MUTUAL INSURANCE COMPANY v. GASTER et al. A00A2252.Court of Appeals of Georgia. DECIDED: FEBRUARY 22, 2001. MILLER, Judge. Georgia Farm Bureau Mutual Insurance Company issued a homeowner’s insurance policy to Bonnie Gaster. Albert F. Weis fell and was injured in Gaster’s home. Weis sued Gaster for damages, and she […]

275 S.E.2d 133 THE STATE v. WILLIAMS. 60889.Court of Appeals of Georgia.SUBMITTED OCTOBER 7, 1980. DECIDED NOVEMBER 21, 1980. REHEARING DENIED DECEMBER 15, 1980. QUILLIAN, Presiding Judge. The State appeals the grant of defendant’s motion to suppress Held: The defendant was originally detained, while driving his vehicle, for making an improper right turn. At that […]

33 S.E.2d 735 MADDEN et al. v. MADDEN. 30825.Court of Appeals of Georgia. DECIDED APRIL 3, 1945. PARKER, J. Upon the trial of a caveat, filed by heirs at law of the deceased, to a year’s support set apart to the widow by a jury in the superior court on an appeal by the widow […]

87 S.E.2d 412 LOWRANCE BUICK COMPANY, INC. v. MULLINAX. 35618.Court of Appeals of Georgia. DECIDED APRIL 18, 1955. (a) The provisions of Code § 38-624, as follows: “Where a defendant may have a remedy over against another, and vouches him into court by giving notice of the pendency of the suit, the judgment rendered therein […]

501 S.E.2d 523 SMITH v. THE STATE. A98A0436.Court of Appeals of Georgia. DECIDED APRIL 3, 1998. BEASLEY, Judge. John Andrew Smith appeals his conviction for aggravated assault (OCGA § 16-5-21) arising out of his pouring rubbing alcohol on his girl friend and setting her afire. He claims the court erred in (a) admitting evidence he […]

167 S.E.2d 673 BROGDON v. HALLMAN. 43862.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1968. DECIDED MARCH 13, 1969. REHEARING DENIED APRIL 3, 1969. DEEN, Judge. 1. Where one by a course of dealing with an innocent (uninformed) third party indicates that another is Page 465 acting as his agent and has been clothed with certain […]

49 S.E.2d 922 AETNA INSURANCE COMPANY et al. v. YOUNG. 32059.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1948. REHEARING DENIED OCTOBER 30, 1948. 1. The evidence authorized the verdict, and no error is shown under the general grounds of the motion for new trial. 2. The charge complained of, considered in connection with the […]

358 S.E.2d 628 DENNEY v. SHIELD INSURANCE COMPANY. 74424.Court of Appeals of Georgia. DECIDED JUNE 1, 1987. REHEARING DENIED JUNE 15, 1987. BANKE, Presiding Judge. The appellee insurer filed this action to obtain a declaratory judgment adjudicating the extent, if any, of its obligation to pay the appellant personal injury protection benefits as the result […]

222 S.E.2d 878 HARBIN LUMBER COMPANY, INC. v. FOWLER. 50900.Court of Appeals of Georgia.ARGUED SEPTEMBER 2, 1975. DECIDED NOVEMBER 26, 1975. REHEARING DENIED DECEMBER 16 AND DECEMBER 19, 1975. QUILLIAN, Judge. The plaintiff’s action for the wrongful death of her daughter was attacked by the defendant on the ground that the suit should have been […]

205 S.E.2d 509 POPPELL v. O’QUINN. 48903.Court of Appeals of Georgia.ARGUED JANUARY 16, 1974. DECIDED MARCH 8, 1974. DEEN, Judge. This is a suit on a note executed pursuant to the final decree in a divorce action between these parties which stated: “The defendant is hereby ordered to pay alimony to the wife as follows: […]

222 S.E.2d 181 JOHNSON et al. v. THE STATE. 51190.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 29, 1975. DECIDED NOVEMBER 24, 1975. EVANS, Judge. Defendants were convicted of aggravated assault and thereafter sentenced. Motion for new trial was filed and denied. Defendants appeal. Held: 1. This case was heard before the judge without the intervention of […]

474 S.E.2d 634 CORNELL v. THE STATE. A96A1437.Court of Appeals of Georgia. DECIDED JULY 22, 1996 — RECONSIDERATION DENIED AUGUST 13, 1996. McMURRAY, Presiding Judge. Defendant was tried before a jury for kidnapping with bodily injury, rape, false imprisonment, possession of a firearm by a convicted felon and obstruction of an officer in that he […]

77 S.E.2d 63 HINSON v. THE STATE. 34678.Court of Appeals of Georgia. DECIDED JUNE 9, 1953. 1. (a) A charge to the effect that, “in contemplation of law, an operator of a motor vehicle on the public highway is under the influence of intoxicating liquor when he is so affected by intoxicating liquor as to […]

166 S.E.2d 379 SNIDER v. LIBERTY MUTUAL INSURANCE COMPANY et al. 44074.Court of Appeals of Georgia.SUBMITTED NOVEMBER 6, 1968. DECIDED JANUARY 7, 1969. REHEARING DENIED JANUARY 31, 1969. JORDAN, Presiding Judge. In this workmen’s compensation case, the deputy director found that the sudden rupture of a duodenal ulcer “was triggered by increased intra-abdominal pressure produced […]

73 S.E.2d 98 PICKARD v. RICH’S INC. 34223.Court of Appeals of Georgia. DECIDED OCTOBER 24, 1952. 1. The motion to dismiss the writ of error is denied. 2. Under the provisions of Sec. 36 of the Act of 1913 (Ga. L. 1913, p. 145, et, seq.), as amended, the defendant or his attorney in the […]

240 S.E.2d 90 DEPARTMENT OF TRANSPORTATION v. KNIGHT et al. (two cases). 54150, 54151.Court of Appeals of Georgia.ARGUED JULY 11, 1977. DECIDED SEPTEMBER 6, 1977. REHEARING DENIED OCTOBER 3, 1977 AND NOVEMBER 7, 1977. BANKE, Judge. In case No. 54150 the Department of Transportation condemned 1.048 acres from a 1.548-acre tract owned by the appellees. […]

138 S.E.2d 325 STATE HIGHWAY DEPARTMENT v. HOLLEMAN. 40823.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1964. 1. The motion to dismiss the writ of error is denied. 2. To show a prescriptive right to the use of a private way it is essential that the adverse use be made of the identical way Page […]

605 S.E.2d 47 BANKS v. THE STATE. A04A2067.Court of Appeals of Georgia. DECIDED SEPTEMBER 16, 2004. BLACKBURN, Presiding Judge. Following a jury trial, Broderick Arnez Banks appeals his convictions for kidnapping with bodily injury,[1] armed robbery,[2] aggravated assault,[3] burglary,[4] and possession of a firearm during the commission of certain crimes.[5] He challenges the sufficiency of […]

399 S.E.2d 258 ARDENEAUX v. THE STATE. A90A1366.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1990. McMURRAY, Presiding Judge. Defendant was charged in four counts with aggravated child molestation, child molestation, aggravated assault and cruelty to children. (The aggravated assault and cruelty to children charges were based on the same incident.) The case was tried […]

681 S.E.2d 237 McCULLERS v. HARRELL. No. A09A0312.Court of Appeals of Georgia. DECIDED JULY 8, 2009. PHIPPS, Judge. Catherine McCullers filed an action in superior court against Laurel Harrell. Harrell responded with a motion pursuing her defense of insufficiency of service of process. The trial court granted Harrell’s motion, thereby dismissing the case. On appeal, […]

196 S.E.2d 368 LANE v. DOUGLAS. 47896.Court of Appeals of Georgia.SUBMITTED FEBRUARY 9, 1973. DECIDED FEBRUARY 16, 1973. EBERHARDT, Presiding Judge. Lowell W. Lane was found guilty in the Recorder’s Court of the City of Valdosta of the offenses of speeding, reckless driving, and attempting to elude an officer. Within thirty days of his conviction […]

428 S.E.2d 410 JENKINS v. THE STATE. A92A2219.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1993. POPE, Chief Judge. Defendant Dennis Earl Jenkins was convicted of arson in the first degree and appeals on the grounds that the evidence was insufficient to sustain the conviction and, for that reason, the trial court erred in denying […]

557 S.E.2d 476 BENEFIELD v. THE STATE. A01A2325.Court of Appeals of Georgia. DECIDED: DECEMBER 13, 2001 MILLER, Judge. Danny Benefield was convicted of burglary. On appeal he contends that the trial court erred by (i) allowing an allegedly biased juror to remain empaneled, (ii) failing to instruct the jury on criminal trespass, and (iii) finding […]

603 S.E.2d 340 ADCOCK v. THE STATE. A04A1120.Court of Appeals of Georgia. DECIDED AUGUST 6, 2004. MIKELL, Judge. James David Adcock, David G. Kates, and Robert William Keller were indicted jointly for burglary (two counts), aggravated assault, kidnapping, false imprisonment (two counts), and armed robbery. In their respective trials, Kates was convicted on all counts, […]

567 S.E.2d 332 CITY OF DECATUR et al. v. DEKALB COUNTY. A02A0491.Court of Appeals of Georgia. DECIDED: JUNE 18, 2002. MILLER, Judge. The City of Decatur and several other cities appeal from the trial court’s judgment on the pleadings in favor of DeKalb County, ruling that an agreement between DeKalb and the cities violated the […]

221 S.E.2d 674 CANNON v. THE STATE. 51318.Court of Appeals of Georgia.ARGUED OCTOBER 9, 1975. DECIDED NOVEMBER 7, 1975. CLARK, Judge. Defendant appeals from the denial of his motion to withdraw his plea of guilty to a charge of burglary. The two issues presented for determination are (1) whether defendant was denied his constitutional right […]

240 S.E.2d 273 BLAU et al. v. REDMOND et al. 54554.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1977. DECIDED OCTOBER 28, 1977. WEBB, Judge. Saul Blau and others enrolled their children in Phoenix Academy, a private school, for which the requisite tuition was paid. In addition, the trustees of the Phoenix Academy, Inc., the school’s […]

54 S.E.2d 441 CARROLL v. GARLINGTON-HARDWICK CO. et al. 32576.Court of Appeals of Georgia. DECIDED JULY 16, 1949. TOWNSEND, J. 1. Where, as here, there is evidence that, at the time of an automobile collision, a policy of insurance which had previously covered the automobile had been canceled in accordance with its terms, a verdict […]

254 S.E.2d 518 HARRIS v. THE STATE. 57125.Court of Appeals of Georgia.SUBMITTED JANUARY 16, 1979. DECIDED MARCH 16, 1979. BIRDSONG, Judge. Michael Harris was convicted of forgery in the first degree and sentenced to serve five years. He moved for a new trial asserting the general grounds. He brings this appeal enumerating as error the […]

668 S.E.2d 300 SHEARIN v. THE STATE. CARUTHERS v. THE STATE. DELLEMAR v. THE STATE. Nos. A08A1518, A08A1519, A08A1520.Court of Appeals of Georgia. DECIDED OCTOBER 2, 2008. MIKELL, Judge. Reheim Jaahad Shearin, Tyrone Caruthers, and Jason Tyrone Dellemar (sometimes hereinafter collectively referred to as “appellants”), along with Johntavis Jermaine Kellom, were jointly indicted and charged […]

176 S.E.2d 510 SHUMAN SUPPLY COMPANY, INC. v. WEBB. 45168.Court of Appeals of Georgia.ARGUED APRIL 6, 1970. DECIDED JULY 16, 1970. WHITMAN, Judge. To plaintiff Webb’s complaint containing two counts alleging and seeking damages for breach of contract of sale and conversion of the subject matter of the contract (an electric crane hoist), defendant Shuman […]

357 S.E.2d 825 PRESTON v. THE STATE. 73920.Court of Appeals of Georgia. DECIDED MAY 11, 1987. REHEARING DENIED MAY 22, 1987. BENHAM, Judge. A jury found appellant guilty of theft by receiving stolen property, a 1960 Chevrolet Biscayne. 1. In his first enumeration, appellant asserts as error the trial court’s denial of his motion for […]

404 S.E.2d 461 STEWART v. THE STATE. LOGAN v. THE STATE. A90A2020, A90A2021.Court of Appeals of Georgia. DECIDED MARCH 13, 1991. POPE, Judge. Appellant Richard Stewart and appellant Otis Logan were tried together for the offense of possession of cocaine with intent to distribute along with a third man, Ricky Bernard Harper, whose appeal is […]

437 S.E.2d 852 WACHOVIA BANK OF GEORGIA N.A. v. MOTHERSHED. A93A1674.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1993. BEASLEY, Presiding Judge. This is an interlocutory review of the denial of Wachovia Bank of Georgia’s motion for summary judgment, it sought a deficiency judgment on three promissory notes made as construction loans to Mothershed. Each […]

373 S.E.2d 266 BAYLES v. THE STATE. 77169.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1988. DEEN, Presiding Judge. The appellant, Raymond Bayles, was charged with sodomy, aggravated child molestation, and attempted sodomy. In this interlocutory appeal from the denial of his motion to suppress, Bayles contends that the search warrant was improperly issued because […]

195 S.E.2d 922 EPPS AIR SERVICE, INC. v. LAMPKIN. 46856.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1973. EVANS, Judge. In Epps Air Service v. Lampkin, 229 Ga. 792 (194 S.E.2d 437), the Supreme Court of Georgia reversed the judgment of this court in 125 Ga. App. 779 (189 S.E.2d 127). Accordingly, the judgment of […]

457 S.E.2d 709 NADEW v. ALEMU. A95A0329.Court of Appeals of Georgia. DECIDED MAY 16, 1995. JOHNSON, Judge. Can a co-defendant in a civil case admit in his answer that he resides in the county where the trial court is located and that the trial Page 439 court is the proper venue, fail to make a […]

292 S.E.2d 548 ORR v. SIEVERT et al. 63881.Court of Appeals of Georgia. DECIDED JUNE 22, 1982. BIRDSONG, Judge. Physician-Patient Privilege. Battajoh “Tony” Orr, a young child, was brought to South Fulton Hospital by his mother for observation and treatment. Tony was diagnosed as suffering from “flu,” appropriate medication was prescribed, and he was released […]

462 S.E.2d 793 SORRELLS v. MILLER. A95A1149.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1995 BIRDSONG, Presiding Judge. Jody Sorrells, a minor, by his father and next friend Raymond Sorrells, appeals the judgment based upon a jury verdict in favor of James William Miller on claims arising from a bicycle/automobile collision. The evidence shows that […]

18 S.E.2d 219 AIKEN v. MITCHELL, guardian. 28958.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1941. The court erred in granting a nonsuit. DECIDED DECEMBER 4, 1941. Appeal; from DeKalb superior court — Judge Davis. December 2, 1940. G. Seals Aiken, Cecil R. Hall, for plaintiff. Neely, Marshall Greene, W. Neal Baird, for defendant. BROYLES, […]

220 S.E.2d 279 COLLINS v. NORTON et al. 51211.Court of Appeals of Georgia.ARGUED SEPTEMBER 29, 1975. DECIDED OCTOBER 9, 1975. DEEN, Presiding Judge. 1. The depository of property held in escrow is the agent of both parties in carrying out the escrow. Williams v. Northside Realty Assoc., 116 Ga. App. 253 (157 S.E.2d 166). Its […]

578 S.E.2d 460 GARRETT v. THE STATE. A02A2197.Court of Appeals of Georgia. DECIDED: DECEMBER 20, 2002. ELDRIDGE, Judge. A Bartow County jury found Tracey Lyne Garrett guilty as charged on an eight count indictment that included, inter alia, a charge of burglary which arose when Garrett and his co-defendant/brother cut the ten foot high chain […]

8 S.E.2d 566 POLLARD, receiver, v. TODD. 27887.Court of Appeals of Georgia. DECIDED MARCH 15, 1940. Under the law and the evidence the verdict in favor of the plaintiff was not authorized. The court erred in overruling the defendant’s motion for new trial. DECIDED MARCH 15, 1940. Damages; from Meriwether superior court — Judge Wyatt. […]

664 S.E.2d 915 IN THE INTEREST OF B. S., a child. No. A08A0228.Court of Appeals of Georgia. Decided July 9, 2008. ANDREWS, Judge. The mother of B. S. appeals the juvenile court’s termination of her parental rights, challenging the sufficiency of the evidence. The mother also alleges that the trial court erred in terminating her […]

77 S.E.2d 563 BROOKS v. WOFFORD. 34713.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1953. The court erred in denying the amended motion for new trial for the reasons given in the opinion. DECIDED SEPTEMBER 18, 1953. Damages. Before Judge Edmondson. Hall Superior Court. April 23, 1953. H. J. Brooks sued George W. Wofford for […]

677 S.E.2d 680 STRYKER v. THE STATE. No. A08A2124.Court of Appeals of Georgia. DECIDED MARCH 27, 2009. RECONSIDERATION DENIED APRIL 14, 2009. ADAMS, Judge. Patrick Stryker appeals from his conviction in a bench trial of the misdemeanor offense of obstruction of an officer. We affirm. On October 6, 2007, Sergeant Richard Harned of the Henry […]

487 S.E.2d 115 SANDERS v. THE STATE. A97A1368.Court of Appeals of Georgia. DECIDED MAY 28, 1997. JOHNSON, Judge. We granted Larry Sanders’ application for interlocutory review of the trial court’s denial of his motion to suppress cocaine seized from his car. Sanders contends the traffic stop which led to the discovery of the cocaine was […]

229 S.E.2d 505 HUNTER v. THE STATE. 52691.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 22, 1976. DECIDED SEPTEMBER 28, 1976. CLARK, Judge. The principal question presented in this appeal from a revocation of probation is whether a probationer is entitled as of right to counsel at the revocation hearing. A secondary question is the extent to […]

203 S.E.2d 866 HARPER v. THE STATE. 48743.Court of Appeals of Georgia.ARGUED NOVEMBER 8, 1973. DECIDED JANUARY 7, 1974. PANNELL, Judge. “Only slight evidence is required to authorize the revocation of a sentence being served on probation. Waters v. State, 80 Ga. App. 104 (55 S.E.2d 76); Allen v. State, 78 Ga. App. 526 (51 […]

348 S.E.2d 753 BOATNER v. KANDUL. 72883.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1986. SOGNIER, Judge. Phyllis Kandul brought suit against William Boatner seeking past due rent, property damages, punitive damages and attorney fees. Boatner answered and counter-claimed for trespass. Judgment was entered on the jury’s verdict awarding Kandul $450 on her claim and […]

246 S.E.2d 496 BIGBY v. THE STATE. 55649.Court of Appeals of Georgia.SUBMITTED APRIL 3, 1978. DECIDED JULY 3, 1978. BANKE, Judge. The defendant, Jimmy L. Bigby, appeals his conviction for armed robbery. He was tried jointly with two co-defendants but was not represented by the same counsel. This court affirmed the convictions of both co-defendants […]

529 S.E.2d 415 IN THE INTEREST OF: A. B. S., a child. A00A0549.Court of Appeals of Georgia. DECIDED: FEBRUARY 8, 2000. MCMURRAY, Presiding Judge. On the morning of May 20, 1999, 15-year-old A. B. S., then a tenth grader at Heritage High School in Conyers, arrived at school carrying two fully loaded, concealed weapons: a […]

397 S.E.2d 133 PRECISE v. CITY OF ROSSVILLE. A90A1239.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1990. REHEARING DENIED SEPTEMBER 14, 1990. DEEN, Presiding Judge. James L. Precise was a police officer for the City of Rossville from October 10, 1977, until March 23, 1987. A special Rossville City Council meeting was held on March […]

481 S.E.2d 904 ATHENS COUNTRY CLUB, INC. v. JACKSON. A97A0218.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1997. SMITH, Judge. Jean Jackson brought suit against Athens Country Club, Inc. to recover damages for the theft of her fur coat. The trial court denied the club’s motion for summary judgment, and we granted its application for […]

39 S.E.2d 716 WALKER v. THE STATE. 31343.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1946. 1. The evidence authorized the verdict. 2. The defendant was charged with an assault with intent to murder and was found guilty of an assault and battery. The court in charging the contentions of the State, did not express […]

96 S.E.2d 637 CENTRAL OF GEORGIA RAILWAY CO. v. WILLIAMS et al. 36508.Court of Appeals of Georgia. DECIDED JANUARY 22, 1957. REHEARING DENIED FEBRUARY 4, 1957. NICHOLS, J. The writ of error in the present case excepts to a judgment of the trial court which overruled the defendant’s general demurrer to the plaintiff’s petition, sustained […]

208 S.E.2d 13 F. N. ROBERTS PEST CONTROL COMPANY v. McDONALD. 49089.Court of Appeals of Georgia.ARGUED FEBRUARY 12, 1974. DECIDED JUNE 20, 1974. REHEARING DENIED JULY 3, 1974. STOLZ, Judge. The defendant appeals from a judgment of the Superior Court of Fulton County in favor of the plaintiff for $5,575 general damages, $4,425 exemplary damages, […]

224 S.E.2d 859 JOHNSON v. THE STATE. 51218.Court of Appeals of Georgia.SUBMITTED OCTOBER 8, 1975. DECIDED JANUARY 27, 1976. REHEARING DENIED FEBRUARY 17, 1976. 1. In a criminal prosecution, due process requires the state to prove beyond a reasonable doubt every essential element of the crime charged. 2. Unlawfulness is an essential element of the […]

166 S.E.2d 584 CAPITAL AUTOMOBILE COMPANY v. GENERAL MOTORS ACCEPTANCE CORPORATION et al. 44144.Court of Appeals of Georgia.ARGUED JANUARY 8, 1969. DECIDED FEBRUARY 12, 1969. 1. A party opposing a motion for summary judgment is to be given the benefit of all reasonable doubts in determining whether a genuine issue exists, and the trial court, […]

453 S.E.2d 78 SWANSON v. THE STATE. A94A2551.Court of Appeals of Georgia. DECIDED DECEMBER 16, 1994. RECONSIDERATION DENIED JANUARY 3, 1995. CERT. APPLIED FOR. BLACKBURN, Judge. Following a trial by jury, the appellant, David Hal Swanson, was found guilty of one count of voluntary manslaughter. In the early morning hours of May 2, 1992, Swanson […]

641 S.E.2d 631 PERDUE v. ATHENS TECHNICAL COLLEGE. No. A07A0192.Court of Appeals of Georgia. DECIDED FEBRUARY 1, 2007. PHIPPS, Judge. Valerie Perdue filed a complaint for damages against Athens Technical College (ATC) pursuant to the Georgia Tort Claims Act (GTCA).[1] ATC moved to dismiss for lack of subject matter jurisdiction based on a deficiency in […]

442 S.E.2d 772 AMWEST SURETY INSURANCE COMPANY v. INTERSTATE CONSTRUCTION COMPANY, INC. A93A2235.Court of Appeals of Georgia. DECIDED FEBRUARY 25, 1994. RECONSIDERATION DENIED MARCH 28, 1994. COOPER, Judge. Defendant, Amwest Surety Insurance Company (“Amwest”), appeals from an order disqualifying its attorneys from further representation. The order was certified for immediate review, and we granted defendant’s […]

390 S.E.2d 446 HUMAN v. STATE OF GEORGIA. A89A2010.Court of Appeals of Georgia. DECIDED JANUARY 30, 1990. McMURRAY, Presiding Judge. The State of Georgia brought this action to condemn property used in violation of OCGA § 16-12-22. On February 14, 1989, the trial court entered a “final order” forfeiting the property pursuant to OCGA § […]

311 S.E.2d 530 WYLEY v. THE STATE. 66780.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1983. DEEN, Presiding Judge. The appellant, Juan Wyley, was convicted of 2 counts of burglary and 1 count of possession of tools for the commission of a crime. He was sentenced to 20 years imprisonment on each burglary count, to […]

309 S.E.2d 667 PAYNE v. THE STATE. 66813.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1983. SHULMAN, Chief Judge. Appellant was convicted of aggravated assault and first degree arson. The state’s evidence showed that appellant used a chair leg to beat a person residing in appellant’s rented residence, that appellant threatened to burn that person, […]

246 S.E.2d 444 HETHCOX v. HETHCOX. 55815.Court of Appeals of Georgia.ARGUED MAY 15, 1978. DECIDED JUNE 27, 1978. BIRDSONG, Judge. This case involves an interpretation and application of the provisions of the Uniform Reciprocal Enforcement of Support Act (URESA). The facts as shown by a stipulation of the hearing at the URESA proceedings show that […]

563 S.E.2d 903 WOODY v. THE STATE. A02A0362.Court of Appeals of Georgia. DECIDED: APRIL 8, 2002 PHIPPS, Judge. Jerome Woody was indicted on charges of aggravated sexual battery, aggravated assault, burglary (two counts), criminal attempt to commit aggravated sodomy and giving a false name and date of birth to a law enforcement officer. He entered […]

208 S.E.2d 17 WEST POINT PEPPERELL, INC. v. KNOWLES et al. 49435.Court of Appeals of Georgia.ARGUED MAY 28, 1974. DECIDED JUNE 28, 1974. There being issues of fact it was error to grant the motions for summary judgment. ARGUED MAY 28, 1974 — DECIDED JUNE 28, 1974. Action for damages. Troup Superior Court. Before Judge […]

308 S.E.2d 221 RAY et al. v. STANDARD FIRE INSURANCE COMPANY OF ALABAMA. 66663.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1983. REHEARING DENIED SEPTEMBER 22, 1983. DEEN, Presiding Judge. Appellee Standard Fire Insurance Company of Alabama (Standard) filed an action on account against one William Davis, and the Cook County Superior Court awarded judgment […]

411 S.E.2d 111 HURD v. THE STATE. A91A1100.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1991. ANDREWS, Judge. Hurd, convicted of driving under the influence under OCGA §40-6-391 (a), appeals the denial of his motion for new trial claiming insufficient evidence. Viewed in favor of the verdict, the evidence was that Hurd was stopped around […]

360 S.E.2d 50 SHARP v. THE STATE. 73668.Court of Appeals of Georgia. DECIDED JULY 13, 1987. BEASLEY, Judge. 1. Appellant was convicted on February 19, 1986, of cruelty to children (OCGA § 16-5-70), and sentenced on May 15. The court allowed her to file an extraordinary motion for new trial (OCGA §5-5-41), but after conducting […]

397 S.E.2d 553 SCOTT v. THE STATE. A90A1509.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1990. BIRDSONG, Judge. David Scott appeals his conviction for the offense of robbery by purse snatching. He contends the evidence, being circumstantial, was insufficient to support the verdict beyond a reasonable doubt and to the exclusion of every other reasonable […]

359 S.E.2d 457 JACKSON v. THE STATE. 74800.Court of Appeals of Georgia. DECIDED JULY 8, 1987. DEEN, Presiding Judge. On May 31, 1986, a Troup County deputy sheriff arrested the Page 595 appellant, Charles Jackson, for driving under the influence and driving without a license in Earl Cook Park. At the subsequent trial, the arresting […]

641 S.E.2d 545 BONE v. THE STATE. No. A06A0903.Court of Appeals of Georgia. DECIDED NOVEMBER 9, 2006. RECONSIDERATIONS DENIED DECEMBER 12, 2006. BARNES, Judge. Steven G. Bone, pro se, appeals his conviction for committing cruelty to an elderly person, his mother; theft by receiving stolen property; obstructing or hindering a person making emergency telephone calls; […]

61 S.E.2d 200 ATLANTIC COMPANY v. TAYLOR. 33139.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1950. FELTON, J. The claimant filed a claim against the Atlantic Company, a self-insurer, for compensation for an injury admittedly arising out of and in the course of employment. The deputy director found, and awarded compensation based on, an 80% […]

254 S.E.2d 484 FIELDS REALTY INSURANCE COMPANY, INC. v. LEE. 57359.Court of Appeals of Georgia.ARGUED MARCH 5, 1979. DECIDED MARCH 13, 1979. UNDERWOOD, Judge. 1. Since this case proceeded to verdict and judgment, the denial of plaintiff’s motion for summary judgment is moot. Wong v. Aluminum Supply Co., 147 Ga. App. 100 (2) (248 S.E.2d […]

151 S.E.2d 787 SPINDEL v. KIRSCH et al. 42271.Court of Appeals of Georgia.ARGUED SEPTEMBER 13, 1966. DECIDED OCTOBER 13, 1966. REHEARING DENIED OCTOBER 27, 1966. DEEN, Judge. 1. An action for deceit lies where one has been induced to enter into a contract as the result of the fraudulent misrepresentations of another and where, on […]

622 S.E.2d 429 THE STATE v. McKINNEY. A05A1330.Court of Appeals of Georgia. DECIDED OCTOBER 24, 2005. BERNES, Judge. A Newton County grand jury indicted Charles W. McKinney for the offense of trafficking in methamphetamine (OCGA § 16-13-31 (e)). The trial court subsequently entered an order granting McKinney’s motion to suppress the drugs seized from his […]

55 S.E.2d 244 CHAMBERS et al. v. WILLIAMS BROTHERS LUMBER CO. et al. WILLIAMS BROS. LUMBER CO. et al. v. STADELMAN et al. 32500, 32499.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1949. 1. A tradesman’s shop book is admissible in evidence to prove an account between the original debtor and creditor when such book […]

286 S.E.2d 514 SCHUBERT v. THE STATE. 62385.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1981. SHULMAN, Presiding Judge. Appellant was charged with and tried for aggravated assault and attempted armed robbery. The trial court granted appellant’s motion for a directed verdict on the attempted armed robbery charge, and the jury convicted appellant of the […]

48 S.E.2d 474 OVERSTREET et al. v. SCHULMAN. 31988.Court of Appeals of Georgia. DECIDED JUNE 5, 1948. REHEARING DENIED JUNE 18, 1948. 1. A defendant may plead matter in defense which has arisen since the suit was filed, if the matter pleaded is germane; but a defendant can not convert an action on contract against […]

149 S.E.2d 376 GEORGIA POWER COMPANY v. HARWELL. 41719.Court of Appeals of Georgia.ARGUED JANUARY 11, 1966. DECIDED MAY 11, 1966. BELL, Presiding Judge. Georgia Power Company brought these proceedings to acquire an easement across land owned by James H. Harwell, Sr. A jury trial was had, and condemnor brought this appeal from the trial court’s […]

134 S.E.2d 787 GUESS v. LIBERTY MUTUAL INSURANCE COMPANY et al. 40254.Court of Appeals of Georgia. DECIDED JANUARY 30, 1964. FELTON, Chief Judge. The main question in this case is controlled by the Supreme Court’s answer to a certified question in this case. See Guess v. Liberty Mutual Ins. Co., 219 Ga. 581 (134 S.E.2d […]

194 S.E.2d 328 BEARLUND v. WEBB et al. 47359.Court of Appeals of Georgia.ARGUED SEPTEMBER 5, 1972. DECIDED NOVEMBER 15, 1972. EVANS, Judge. The plaintiff, C. E. Webb, Jr., sued the defendant, Harry J. Bearlund, demanding judgment against the defendant for principal, interest and attorneys fees on a promissory note alleged to be past due and […]

39 S.E.2d 588 PERPER v. MARKS. 31402.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1946. 1. The evidence authorized the verdict on the question whether the contract as alleged by the plaintiff as to the twenty-four dresses was made with the defendant and performed by the plaintiff. 2. The question involved was not whether the […]

285 S.E.2d 28 WHITMIRE et al v. COLWELL. 61972.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1981. REHEARING DENIED SEPTEMBER 24, 1981. BANKE, Judge. This is an appeal by the tenants from an order granting judgment on the pleadings to the landlord in a dispossessory action. In his affidavit, the landlord alleged that the tenants […]

201 S.E.2d 659 SUPREME OIL COMPANY, INC. v. BROCK. 48341.Court of Appeals of Georgia.SUBMITTED JULY 9, 1973. DECIDED OCTOBER 10, 1973. CLARK, Judge. This is an appeal from denial of defendant’s motion for summary judgment accompanied by the requisite review certificate. In addition to presenting the usual dispute between the attorneys as to existence of […]

453 S.E.2d 88 GEORGIA NEUROSURGICAL CLINIC, P.C. PROFIT SHARING PLAN et al. v. ROCKDALE COUNTY. A94A2294.Court of Appeals of Georgia. DECIDED DECEMBER 19, 1994. RECONSIDERATION DISMISSED JANUARY 10, 1995. BEASLEY, Presiding Judge. In order to construct and operate a reservoir, Rockdale County filed a condemnation petition to acquire fee simple title to approximately 98.62 acres […]