Category: Georgia Court of Appeals Opinions

103 S.E.2d 185 WILLIS v. MIDLAND FINANCE COMPANY. 36958.Court of Appeals of Georgia. DECIDED MARCH 13, 1958. REHEARING DENIED APRIL 4, 1958. The trial court did not err in denying the defendant’s motion for new trial as amended. DECIDED MARCH 13, 1958 — REHEARING DENIED APRIL 4, 1958. Trover. Fulton Civil Court. Before Judge Parker. […]

275 S.E.2d 807 DIX v. THE STATE. 60669.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1980. DECIDED JANUARY 5, 1981. SOGNIER, Judge. Appellant was convicted of welfare fraud in the amount of $10,842. Appellant contends that the trial court erred in finding her guilty of a felony rather than a misdemeanor, because the state failed to […]

203 S.E.2d 890 WALKER v. THE STATE. 48734.Court of Appeals of Georgia.SUBMITTED NOVEMBER 5, 1973. DECIDED JANUARY 18, 1974. QUILLIAN, Judge. The defendant was indicted for possession of burglary tools, theft by taking and five counts of burglary. He duly filed a motion to suppress evidence on the grounds that an entry into his motel […]

206 S.E.2d 718 JACKSON v. COUCH FUNERAL HOME, INC. 49224.Court of Appeals of Georgia.ARGUED APRIL 3, 1974. DECIDED APRIL 9, 1974. REHEARING DENIED APRIL 30, 1974. WEBB, Judge. In this appeal from the granting of a motion for summary judgment filed by one of the defendants, plaintiff-appellant has filed an objection to the record pursuant […]

494 S.E.2d 685 WOODY v. THE STATE. A97A1523.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1997 — RECONSIDERATION DENIED DECEMBER 15, 1997. BIRDSONG, Presiding Judge. Karen Linn Woody was accused in Clayton County State Court of driving under the influence, having no insurance, having no driver’s license, red light violation, seat belt violation, and fleeing. […]

356 S.E.2d 82 THE STATE v. WATKINS. 73226.Court of Appeals of Georgia. DECIDED MARCH 19, 1987. REHEARING DENIED APRIL 1, 1987. McMURRAY, Presiding Judge. Defendant is charged by indictment with the offense of trafficking in cocaine. This is an appeal by the State from the grant of defendant’s motion to suppress evidence. Held: On the […]

200 S.E.2d 902 MARSHALL v. THE STATE. 48412.Court of Appeals of Georgia.ARGUED SEPTEMBER 4, 1973. DECIDED SEPTEMBER 26, 1973. EBERHARDT, Presiding Judge. Defendant was tried and convicted of involuntary manslaughter, carrying a pistol without a license, and carrying a concealed pistol. This appeal followed. Held: 1. The general grounds of the motion for new trial […]

461 S.E.2d 290 CAREY v. BRADFORD et al. A95A1480.Court of Appeals of Georgia. DECIDED AUGUST 4, 1995. BIRDSONG, Presiding Judge. Ransom D. Carey appeals the grant of directed verdict to defendants H. M. Brad Bradford, Sonja Whitaker, Brad Bradford Realty, Inc., and Parkway Properties, Inc., whom Carey sued as the owners and managers of the […]

339 S.E.2d 757 IN RE B. M. H. No. 71326.Court of Appeals of Georgia. DECIDED JANUARY 8, 1986. McMURRAY, Presiding Judge. On May 13, 1983, the appellant, a child under 17 years of age, was in the eighth grade at Ashworth Middle School in Gordon County, Georgia, when she and four of her class mates […]

323 S.E.2d 877 THOMPSON et al. v. BANK OF THE SOUTH; and vice versa. 68743, 68744.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1984. CARLEY, Judge. Resolution of the issues which are raised in the instant appeals necessitates a rather lengthy factual recitation. Page 580 A dispute arose between Brenda Sue Thompson and Melton Harrell […]

31 S.E.2d 429 McLENDON v. CAROLINA LIFE INSURANCE COMPANY. 30585.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1944. A policy of insurance providing double indemnity for accidental death, excluding death from “homicide,” held to exclude a homicide resulting from a severe beating, as by a robber, when the beating is inflicted in aid of robbery. […]

410 S.E.2d 172 BURNEY v. THE STATE. A91A0968.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. BEASLEY, Judge. Defendant appeals his convictions for burglary, OCGA § 16-7-1, and criminal attempt to commit rape, OCGA §§ 16-4-1 and 16-6-1, Page 65 which offenses both occurred during the same incident in 1989. He enumerates error on admission […]

228 S.E.2d 289 CAMP v. HAMRICK et al. 52373.Court of Appeals of Georgia.ARGUED JULY 12, 1976. DECIDED JULY 15, 1976. REHEARING DENIED JULY 30, 1976. BELL, Chief Judge. In this garnishment proceeding, the garnishee answered that it was not indebted to the defendant. The plaintiff did not traverse the answer. The failure to file a […]

415 S.E.2d 546 LONGENBACH v. THE STATE. A92A0066.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1992. McMURRAY, Presiding Judge. Defendant was charged with burglary in Count 1 of a two count indictment. In Count 2, he was charged with the offense of peeping Tom in that defendant “did … unlawfully on or about the premises […]

361 S.E.2d 666 PAYNE v. THE STATE. 74971.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1987. REHEARING DENIED SEPTEMBER 29, 1987. DEEN, Presiding Judge. Appellant Payne was convicted in the Fulton County State Court of making an impermissible U-turn, driving under the influence, and driving without no-fault insurance. He moved for new trial on the […]

207 S.E.2d 593 GREEN v. ATLANTIC ICE COAL COMPANY. 49310.Court of Appeals of Georgia.SUBMITTED MAY 7, 1974. DECIDED MAY 17, 1974. REHEARING DENIED MAY 30, 1974. DEEN, Judge. The record in this workman’s compensation claim shows the appellant sustained a work-connected injury, a contusion of the little finger of the left hand, on August 4, […]

62 S.E.2d 370 WEST LUMBER COMPANY v. SCHNUCK et al. 33259.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1950. REHEARING DENIED DECEMBER 13, 1950. 1. Where the record shows that the date, July 21, 1950, appearing over the signature of the trial judge to the certificate of the bill of exceptions has been marked out […]

330 S.E.2d 817 HOLLIS v. THE STATE. 69895.Court of Appeals of Georgia. DECIDED APRIL 23, 1985. SOGNIER, Judge. Appellant was convicted of burglary. In his sole enumeration of error appellant contends the trial court erred by allowing the prosecuting attorney to question appellant, over objection, on matters relating to appellant’s post-arrest silence. Appellant contends such […]

613 S.E.2d 229 RAFFERZEDER v. ZELLNER et al. A05A0957.Court of Appeals of Georgia. DECIDED APRIL 12, 2005. BLACKBURN, Presiding Judge. Following a bench trial in this case involving the breach of a home improvement contract, the contractor (Jerry Rafferzeder) appeals the judgment entered against him and in favor of the homeowners (Mannon and Janice Zellner) […]

32 S.E.2d 119 HAYES v. THE STATE. 30654.Court of Appeals of Georgia. DECIDED NOVEMBER 3, 1944. GARDNER, J. The defendant was convicted of the offense of assault with intent to murder. His motion for a new trial, on the general grounds only, was overruled, and he excepted. The evidence amply sustains the verdict, and the […]

636 S.E.2d 68 SOUDER v. THE STATE. No. A06A1259.Court of Appeals of Georgia. DECIDED AUGUST 29, 2006. BERNES, Judge. A Fulton County jury convicted Sean Souder of aggravated stalking, three counts of aggravated assault, cruelty to children in the first degree, burglary, and threatening a witness. On appeal, Souder contends that the trial court erred […]

522 S.E.2d 51 WOOD v. THE STATE. A99A1874.Court of Appeals of Georgia. DECIDED: AUGUST 18, 1999. JOHNSON, Chief Judge. After a jury trial, Kenneth Wood was convicted of burglary. He appeals from the conviction. 1. Wood claims the evidence is insufficient to support the conviction. The claim is without merit. Two participants in the burglary, […]

545 S.E.2d 659 BAILEY v. THE STATE. A00A2067.Court of Appeals of Georgia. DECIDED: FEBRUARY 19, 2001. RUFFIN, Judge. Darian Bailey was convicted of possession of cocaine with intent to distribute. On appeal, he argues that the trial court should have suppressed his confession because it was not voluntary. As the trial court did not clearly […]

589 S.E.2d 333 McGHEE v. THE STATE. A03A0827.Court of Appeals of Georgia. DECIDED: OCTOBER 24, 2003 RUFFIN, Presiding Judge. Chris McGhee was charged with aggravated sexual battery, aggravated child molestation, and four counts of child molestation. Following a jury trial, McGhee was convicted of aggravated sexual battery and four counts of child molestation, but the […]

343 S.E.2d 408 TRENOR v. THE STATE. 71558.Court of Appeals of Georgia. DECIDED MARCH 19, 1986. BEASLEY, Judge. Trenor was convicted of voluntary manslaughter. OCGA § 16-5-2. (At the time of the incident, it was Code Ann. § 26-1102).[1] 1. Trenor asserts the general grounds, recognizing that the evidence must be viewed in favor of […]

331 S.E.2d 923 SIMMONS v. THE STATE. 70124.Court of Appeals of Georgia. DECIDED MAY 30, 1985. CARLEY, Judge. Appellant was tried before a jury and convicted of four counts of armed robbery. His motion for new trial was denied and he appeals. 1. Two counts of the indictment were predicated upon allegations that money belonging […]

235 S.E.2d 562 CLARK v. THE STATE. 53437.Court of Appeals of Georgia.SUBMITTED JANUARY 31, 1977. DECIDED MAY 19, 1977. McMURRAY, Judge. Defendant was tried and convicted, together with Lorenzo Freeman whose case has been reversed in 142 Ga. App. 293. The same reversible error as that found in Freeman is raised here. That is, that […]

111 S.E.2d 137 ORMEWOOD APARTMENTS, INC. v. McDONOUGH CONSTRUCTION COMPANY OF GEORGIA. 37793.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1959. NICHOLS, Judge. The plaintiff in error assigns error only on a judgment sustaining certain demurrers to his answer and cross-action, and while the writ of error recites that a final judgment was rendered, no […]

376 S.E.2d 725 SMITH v. THE STATE. 77256.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1988. BENHAM, Judge. This is an appeal from a judgment of conviction for burglary. OCGA § 16-7-1. Appellant’s sole enumeration of error is that the evidence was insufficient for the jury to have found that he intended to commit a […]

74 S.E.2d 481 MOORE v. THE KROGER COMPANY. 34414.Court of Appeals of Georgia. DECIDED JANUARY 29, 1953. REHEARING DENIED FEBRUARY 13, 1953. Where, as here, it appears that the plaintiff’s injuries were sustained by her fall when she tripped against a large push cart in a self-service grocery store, the plaintiff not expecting to find […]

627 S.E.2d 44 E-LANE PINE HILLS, LLC v. FERDINAND. A05A1761.Court of Appeals of Georgia. DECIDED DECEMBER 16, 2005. RECONSIDERATION DENIED FEBRUARY 13, 2006. PHIPPS, Judge. After discovering that executions for unpaid taxes had been issued on a piece of property it owned in Fulton County, E-Lane Pine Hills, LLC brought this suit to enjoin Fulton […]

136 S.E.2d 524 BOLTON v. CREETY. 40482.Court of Appeals of Georgia. DECIDED APRIL 8, 1964. PANNELL, Judge. 1. Where the evidence adduced upon the trial of a claim case shows that the legal title to the property levied upon was in the defendant at the time the judgment was rendered, and before execution was issued […]

436 S.E.2d 98 TEMPO MANAGEMENT, INC. v. LEWIS. A93A1493.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1993. McMURRAY, Presiding Judge. David Lewis, d/b/a D A Enterprises, Inc., filed an action for breach of contract against Tempo Management, Inc. (“Tempo”), alleging Tempo failed to pay for materials and services provided under landscape maintenance agreements entered into […]

623 S.E.2d 717 BROWN et al. v. PENLAND CONSTRUCTION COMPANY, INC. A05A0960.Court of Appeals of Georgia. DECIDED NOVEMBER 23, 2005. SMITH, Presiding Judge. In this action, Penland Construction Company, Inc. (PCC) sought payment for an indoor practice facility it built for the Ridgeland High Page 523 School baseball team on land owned by the Walker […]

143 S.E.2d 774 SUN INSURANCE COMPANY et al. v. BRANT et al. 41333.Court of Appeals of Georgia.SUBMITTED JUNE 7, 1965. DECIDED JULY 9, 1965. JORDAN, Judge. Wyman E. Brant filed suit in the City Court of Savannah on a policy of fire insurance issued to him by the defendant insurance company. The petition alleged in […]

626 S.E.2d 133 HODGES v. THE STATE. A05A2274.Court of Appeals of Georgia. DECIDED JANUARY 9, 2006. ANDREWS, Presiding Judge. Dexter Dewayne Hodges was found guilty by a jury of trafficking in cocaine in violation of OCGA § 16-13-31. On appeal, he claims the evidence was insufficient to support his conviction. For the following reasons, we […]

178 S.E.2d 917 JOHN DEERE COMPANY v. LINDSEY LANDCLEARING COMPANY. 45459.Court of Appeals of Georgia.ARGUED JULY 6, 1970. DECIDED NOVEMBER 16, 1970. 1. The verdict was not so lacking in evidence to support it as to be unauthorized. 2. A breach of warranty gives rise to strict liability, which does not depend upon any knowledge […]

242 S.E.2d 265 SIMPSON v. THE STATE. 54669.Court of Appeals of Georgia.SUBMITTED OCTOBER 11, 1977. DECIDED JANUARY 9, 1978. REHEARING DENIED FEBRUARY 1, 1978. QUILLIAN, Presiding Judge. Appellant was an operator of an “Adult Bookstore” in Fulton County. He was arrested by an investigator from the solicitor’s office of the State Court of Fulton County […]

411 S.E.2d 329 HSL/LA JOLLA BELVEDERE ENTERPRISES et al. v. FEDERAL SAVINGS LOAN INSURANCE CORPORATION. A91A1252.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1991. RECONSIDERATION DENIED OCTOBER 9, 1991. ANDREWS, Judge. Appellants claim the trial court erroneously confirmed the appellee’s sale of real property by non-judicial foreclosure pursuant to OCGA § 44-14-161. All four of […]

426 S.E.2d 1 KNIGHT v. THE STATE. A92A1558.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1992. RECONSIDERATION DENIED DECEMBER 1, 1992. CARLEY, Presiding Judge. Appellant was tried before a jury and found guilty of child molestation. He appeals from the judgment of conviction and sentence entered on the jury’s verdict of guilt, enumerating as error […]

681 S.E.2d 243 ALLEN v. THE STATE. No. A09A1441.Court of Appeals of Georgia. DECIDED JULY 8, 2009. JOHNSON, Presiding Judge. A jury found Melvin Allen guilty of armed robbery based on acts he committed inside a DeKalb County coffee shop. Allen appeals the trial court’s denial of his motion for new trial, claiming that his […]

516 S.E.2d 378 GRIMES v. THE STATE. A99A0007.Court of Appeals of Georgia. DECIDED: APRIL 14, 1999 McMURRAY, Presiding Judge. Pro se appellant Anthony James Grimes was on probation arising from a conviction of involuntary manslaughter when he committed acts which resulted in his being prosecuted and convicted of a number of additional crimes, including four […]

303 S.E.2d 755 KNIGHT v. THE STATE. 65582.Court of Appeals of Georgia. DECIDED APRIL 5, 1983. SHULMAN, Chief Judge. Appellant was convicted of rape. His sole complaint on appeal is that the trial court failed to give requested charges on lesser offenses and criminal attempt. The state presented evidence at trial that showed a completed […]

631 S.E.2d 443 DONALDSON v. THE STATE. A06A0814.Court of Appeals of Georgia. DECIDED MAY 15, 2006. JOHNSON, Presiding Judge. In the aftermath of a night out with friends, Tara Donaldson was charged with three counts of DUI, attempting to elude an officer, and failure to maintain lane. The jury found her guilty of one misdemeanor […]

316 S.E.2d 816 JACKSON v. THE STATE. 67586.Court of Appeals of Georgia. DECIDED MARCH 8, 1984. BIRDSONG, Judge. Roy Jackson was convicted of child molestation. He appeals, contending the evidence is insufficient to support a finding of guilt beyond a reasonable doubt in accordance with the rule in Jackson v. Virginia, 443 U.S. 307 (99 […]

214 S.E.2d 410 SHERRILL et al. v. LOUISVILLE TITLE INSURANCE COMPANY et al. 50158.Court of Appeals of Georgia.ARGUED FEBRUARY 4, 1975. DECIDED MARCH 19, 1975. CLARK, Judge. Does a borrower have the right to sue a title insurer upon a mortgage title policy issued to a lender on the borrower’s real estate loan? That question […]

606 S.E.2d 312 SCOTT v. THE STATE. A04A2100.Court of Appeals of Georgia. DECIDED NOVEMBER 1, 2004. BLACKBURN, Presiding Judge. Following his conviction in a bench trial of trafficking in cocaine and possession of a controlled substance, Terrell Scott appeals, maintaining that the trial court erred in (1) denying his motion to suppress and (2) considering […]

349 S.E.2d 263 BRADLEY v. THE STATE. 72590.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1986. BENHAM, Judge. This appeal is from appellant’s conviction of possession of cocaine. In two enumerations of error, he contends that his motion for directed verdict of acquittal should have been granted because the evidence was insufficient to exclude every […]

190 S.E.2d 557 GREY et al. v. THE STATE. 47195.Court of Appeals of Georgia.SUBMITTED MAY 8, 1972. DECIDED MAY 23, 1972. DEEN, Judge. Three Grey brothers (Eddie, Tommy and Bobby Lee) and their father (W. C. Grey) were indicted for aggravated assault, and the three brothers for felony murder. W. C. Grey was acquitted. The […]

223 S.E.2d 273 TELE-SPOT OF ATLANTA v. GARDEN CITIES CORPORATION. 51264.Court of Appeals of Georgia.ARGUED SEPTEMBER 29, 1975. DECIDED JANUARY 7, 1976. STOLZ, Judge. This appeal arises from a judgment by the Civil Court of Fulton County sitting without a jury or court reporter. 1. Appellant has enumerated as error the entry of a judgment […]

165 S.E.2d 739 JOHNSON v. MYERS. 43919.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1968. DECIDED NOVEMBER 12, 1968. REHEARING DENIED DECEMBER 5, 1968. 1. In a malpractice action alleging that the defendant was negligent in discovering and treating a post-operative infection, where there was no contention that the original operation was unnecessary or unskillfully performed, […]

412 S.E.2d 279 PAUL DAVIS SYSTEMS OF SAVANNAH, INC. v. PETH. A91A1442.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1991. BEASLEY, Judge. Peth’s house was damaged by fire. He contracted with Paul Davis Systems for repair. Alleging that the repair work was not performed satisfactorily according to contract, Peth sued Davis. The only cause of […]

329 S.E.2d 307 INTERNATIONAL INDEMNITY COMPANY v. ODOM. 67288.Court of Appeals of Georgia. DECIDED MARCH 13, 1985. REHEARING DENIED MARCH 20, 1985. McMURRAY, Presiding Judge. The facts of this case are set forth in Intl. Indem. Co. v. Odom, 170 Ga. App. 447 (317 S.E.2d 844). In that decision, we reversed the judgment of the […]

548 S.E.2d 75 JONES v. THE STATE. A01A0747.Court of Appeals of Georgia. DECIDED: APRIL 20, 2001. ANDREWS, Presiding Judge. In a bifurcated proceeding, Gerald Dexter Jones was convicted of providing a false name to a law enforcement officer and acquitted of obstructing an officer. During the second phase of the trial, Jones was convicted of […]

492 S.E.2d 251 SOUTHERN TRUST INSURANCE COMPANY v. CRAVEY et al. A97A1106.Court of Appeals of Georgia. DECIDED SEPTEMBER 2, 1997 — RECONSIDERATION DENIED SEPTEMBER 17, 1997 — CERT. APPLIED FOR. ANDREWS, Chief Judge. Larry Eugene Cravey and Cravey and Sons, Inc, the insureds under an automobile liability policy issued by Southern Trust Ins. Co. in […]

21 S.E.2d 265 SANFORD v. ZOLLER et al. 29585.Court of Appeals of Georgia. DECIDED JULY 6, 1942. It appearing from the record that judgment was rendered against the garnishee before the expiration of the time in which he was required by law to answer the summons of garnishment, such judgment was premature and void, and […]

288 S.E.2d 373 REED v. THE STATE. 62412.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1981. QUILLIAN, Chief Judge. The defendant was charged with and convicted of two counts of violations of the Georgia Controlled Substances Act. His appellate attorney has filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. […]

395 S.E.2d 909 HUDGINS v. BAWTINHIMER et al. A90A0084.Court of Appeals of Georgia. DECIDED JULY 13, 1990. POPE, Judge. Appellant William B. Hudgins brought suit against appellees CPC Parkwood Hospital, Dr. Gary G. Bawtinhimer, Dr. David C. Cook and Dr. William I. Wieland, alleging false imprisonment, intentional Page 387 infliction of emotional distress and breach […]

525 S.E.2d 422 SALAHUDDIN v. THE STATE. A99A1528.Court of Appeals of Georgia. DECIDED: NOVEMBER 17, 1999. RUFFIN, Judge. Four bystanders were shot during a gun battle in the crowded parking lot of a Fulton County nightclub. Elijah Salahuddin, one of the gunmen, was charged with four counts of aggravated assault and was convicted on three […]

397 S.E.2d 630 NICELY v. THE STATE. A90A1722.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1990. DEEN, Presiding Judge. John Wesley Nicely was convicted of the sale of a controlled substance (cocaine), and he appeals following the denial of his motion for a new trial. 1. The trial court did not restrict cross-examination of the […]

279 S.E.2d 278 HUTTO v. THE STATE. 61253.Court of Appeals of Georgia. DECIDED MARCH 12, 1981. BIRDSONG, Judge. Extraordinary motion for new trial. Charles Buddy Hutto entered a plea of guilty in September, 1976, to a charge of rape of an 11-year-old child. At the time Hutto was 17. There is no contention that the […]

129 S.E.2d 367 STEWART v. AMERICAN HOME MUTUAL LIFE INSURANCE COMPANY; and vice versa. 39805, 39828.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1962. BELL, Judge. The question under review here is whether the trial court erred in sustaining general demurrers to a petition brought in two counts. 1. The petition in its final form […]

488 S.E.2d 87 FORT HOWARD PAPER COMPANY et al. v. HALLISEY. A96A0575.Court of Appeals of Georgia. DECIDED JUNE 17, 1997. BEASLEY, Judge. In Fort Howard Paper Co. v. Hallisey, 221 Ga. App. 325 (471 S.E.2d Page 851 231)(1996), we reversed the trial court’s affirmance of the award of workers’ compensation disability benefits to Hallisey. The […]

456 S.E.2d 288 KENNEDY v. THE STATE. A95A0174.Court of Appeals of Georgia. DECIDED MARCH 28, 1995. SMITH, Judge. Mark Kennedy appeals his conviction on charges of aggravated assault and possession of a weapon by an inmate. 1. Kennedy first contends the trial court abused its discretion by denying trial counsel’s motion for continuance on grounds […]

172 S.E.2d 462 STAGGERS v. THE STATE. 44746.Court of Appeals of Georgia.ARGUED SEPTEMBER 9, 1969. DECIDED DECEMBER 5, 1969. REHEARING DENIED DECEMBER 19, 1969. HALL, Judge. Defendant appeals from a conviction for molesting a minor child. 1. The defendant enumerates as error the overruling of his plea of autrefois acquit upon the ground that he […]

680 S.E.2d 141 AGNEW v. THE STATE. A09A0248Court of Appeals of Georgia, Fourth Division. DECIDED: JUNE 10, 2009 SMITH, Presiding Judge. Homer Agnew appeals from his conviction for possession of marijuana with intent to distribute. Agnew asserts the trial court erred by: (1) denying his motion to suppress and (2) admitting testimony about prior bad […]

302 S.E.2d 723 DAVIS v. THE STATE. 65939.Court of Appeals of Georgia. DECIDED MARCH 16, 1983. DEEN, Presiding Judge. Davis was originally sentenced to serve three years on probation under the First Offender Act. From the order adjudging him guilty of the offense for which he received First Offender probation and revoking that probation, Davis […]

254 S.E.2d 416 STANDISH v. HUB MOTOR COMPANY. 57239.Court of Appeals of Georgia.ARGUED FEBRUARY 5, 1979. DECIDED FEBRUARY 23, 1979. REHEARING DENIED MARCH 16, 1979. WEBB, Presiding Judge. Jennifer Standish bought an automobile from Hub Motor Company on May 10, 1976. On April 12, 1977 she filed a suit in Federal District Court alleging violations […]

402 S.E.2d 538 CARR v. A. P. HARRY JONES LOGGING et al. A90A2188.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1991. REHEARING DENIED FEBRUARY 25, 1991. BANKE, Presiding Judge. We granted the claimant’s application for discretionary appeal in this workers’ compensation case to consider whether the superior court improperly remanded the case to the board […]

442 S.E.2d 292 SIMS v. THE STATE. A94A0265.Court of Appeals of Georgia. DECIDED MARCH 11, 1994. McMURRAY, Presiding Judge. Defendant Sims appeals his conviction of the offense of enticing a child for indecent purposes. Held: 1. Defendant’s first enumeration of error questions the sufficiency of the evidence to authorize his conviction. The evidence stated in […]

593 S.E.2d 915 CRAWFORD v. THE STATE. A04A0706Court of Appeals of Georgia. DECIDED: FEBRUARY 2, 2004 BLACKBURN, Presiding Judge. Following a jury trial, Charles Crawford appeals his conviction for armed robbery and possession of a firearm during the commission of a felony, contending that the evidence was insufficient to support the verdict. For the reasons […]

67 S.E.2d 204 CHAMBERS v. THE STATE. 33685.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1951. GARDNER, J. (a) The defendant was convicted on an indictment drawn under the provisions of the Code, § 26-8001, which reads as follows: “Whoever shall torture, torment, deprive of necessary sustenance, mutilate, cruelly, unreasonably and maliciously beat or ill […]

129 S.E.2d 212 DECATUR COUNTY v. SETTLES et al. 39796.Court of Appeals of Georgia. DECIDED NOVEMBER 26, 1962. REHEARING DENIED DECEMBER 17, 1962. The petition showing that the defendant blocked the highway beyond the first city block from the plaintiffs’ property did not state a cause of action under the cul-de-sac rule. DECIDED NOVEMBER 26, […]

308 S.E.2d 424 HOWARD v. THE STATE. 66826.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1983. QUILLIAN, Presiding Judge. The defendant appeals the revocation of his probated sentence Held: The defendant contends the evidence utilized to revoke his probation was the product of an unlawful search and seizure. We recognize the general rule that “illegally […]

254 S.E.2d 434 WHITE v. CHAPMAN et al. 56895.Court of Appeals of Georgia.ARGUED OCTOBER 31, 1978. DECIDED MARCH 2, 1979. REHEARING DENIED MARCH 20, 1979. SHULMAN, Judge. Appellant, William H. White d/b/a Southern Investment Company, a factoring company, entered into an agreement to purchase by assignment various contracts of Holloway Enterprises, Inc. When appellant did […]

180 S.E.2d 273 ASSOCIATED BUILDERS SUPPLY et al. v. GEORGIA-PACIFIC CORPORATION. 45787.Court of Appeals of Georgia.SUBMITTED JANUARY 7, 1971. DECIDED JANUARY 27, 1971. EVANS, Judge. Before looking to the merits of the case we must determine if this court has jurisdiction of this appeal. Certain procedures must be followed to authorize an appeal. The failure […]

520 S.E.2d 695 RUPERT v. THE STATE. A99A0261.Court of Appeals of Georgia. DECIDED: JUNE 29, 1999. RUFFIN, Judge. A jury found Curly Rupert guilty of aggravated assault in the Page 129 shooting of Randy Mote.[1] Rupert appeals, contending that the trial court erred in allowing the introduction of character evidence and improper impeachment evidence. For […]

395 S.E.2d 833 INSURANCE COMPANY OF PENNSYLVANIA v. GILES et al. A90A0289.Court of Appeals of Georgia. DECIDED JUNE 12, 1990. REHEARING DENIED JULY 10, 1990. BEASLEY, Judge. Giles obtained a judgment of $1,495,000 on January 9, 1987, for injuries to herself and for the death of her husband in an automobile collision. Appellant insurer had […]

427 S.E.2d 614 BURGESS v. THE STATE. A92A2137.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1993. JOHNSON, Judge. James Burgess appeals from his convictions of burglary, attempted rape and aggravated sodomy. Burgess contends that the court erred in denying his motion for a new trial on the ground that the State failed to disclose an […]

263 S.E.2d 689 RUSSELL v. THE STATE. 58699.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1979. DECIDED DECEMBER 4, 1979. SHULMAN, Judge. Defendant appeals his conviction of the offense of aggravated assault, in violation of Code Ann. § 26-1302 (b). We affirm. 1. Appellant’s contentions of error on the general grounds are without merit. A. Even […]

451 S.E.2d 108 GUNTER v. THE STATE. A94A2335.Court of Appeals of Georgia. DECIDED NOVEMBER 22, 1994. RECONSIDERATION DENIED DECEMBER 6, 1994. BLACKBURN, Judge. David Lee Gunter appeals his conviction of child molestation for exposing himself to a minor. Gunter was found not guilty of enticing a child for indecent purposes. The victim was nine years […]

448 S.E.2d 229 LONG v. WALLACE. A94A1315.Court of Appeals of Georgia. DECIDED AUGUST 2, 1994. RECONSIDERATION DENIED AUGUST 18, 1994. McMURRAY, Presiding Judge. Original plaintiff Ernest F. Long, Jr., brought this legal malpractice action against Howard P. Wallace (defendant) alleging that defendant “provided ineffective legal assistance to Mr. Long in Mr. Long’s trial, appeal and […]

440 S.E.2d 57 WELDON v. THE STATE. A93A2362.Court of Appeals of Georgia. DECIDED DECEMBER 23, 1993. POPE, Chief Judge. Defendant James Edward Weldon was convicted of felony obstruction of a law enforcement officer and appeals. In his sole enumeration of error, defendant argues the evidence was insufficient to sustain the conviction. Construing the evidence in […]

302 S.E.2d 110 OKLEJAS v. WILLIAMS. 65521.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1983. REHEARING DENIED MARCH 2, 1983. QUILLIAN, Presiding Judge. This is an appeal from a jury verdict and judgment for plaintiff-appellee Williams in an action seeking damages for nuisance and fraud arising from defendant-appellant Oklejas’ construction of a wall between their […]

9 S.E.2d 675 WEBB v. PRINCE et al. 28276.Court of Appeals of Georgia. DECIDED JUNE 10, 1940. REHEARING DENIED JUNE 29, 1940. 1. The allegation that the defendants “called in said officers and caused plaintiff’s arrest,” when taken in connection with the context where it is alleged that the arrest was caused and instigated by […]

360 S.E.2d 1 NEESE v. THE STATE. 74165.Court of Appeals of Georgia. DECIDED MAY 4, 1987. REHEARING DENIED JUNE 3, 1987. REHEARING DISMISSED JULY 22, 1987. BANKE, Presiding Judge. The appellant was indicted for statutory rape, child molestation, and three counts of aggravated sodomy. All of the charges involved his minor daughter, who was four […]

320 S.E.2d 868 U-HAUL COMPANY OF WESTERN GEORGIA v. FORD. 68724.Court of Appeals of Georgia. DECIDED JULY 12, 1984. REHEARING DENIED JULY 24, 1984. DEEN, Presiding Judge. Linda Ford brought an action against U-Haul Company of Western Georgia (U-Haul) for damages for pain and suffering which she contends she sustained after she was injured when […]

36 S.E.2d 111 WESTERN UNION TELEGRAPH COMPANY v. NIX. 30983.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1945. REHEARING DENIED NOVEMBER 21, 1945. 1. In an action for damages against a telegraph company for failure to deliver a telegram, allegations that other telegrams on other and remote occasions, sent to the plaintiff or members of […]

509 S.E.2d 144 GONZALEZ v. THE STATE. A98A2126.Court of Appeals of Georgia. DECIDED NOVEMBER 12, 1998. JOHNSON, Presiding Judge. After a bench trial, Lauro Gonzalez was found guilty of possession of cocaine. He appeals from the denial of his motion to suppress. In reviewing the trial court’s ruling on a motion to suppress, this court’s […]

369 S.E.2d 355 LAZARZ v. THE STATE. 76379.Court of Appeals of Georgia. DECIDED MAY 11, 1988. CARLEY, Judge. Appellant was convicted of possession of cocaine. He appeals from the judgment of conviction and the sentence entered by the trial court on the jury’s verdict. The denial of his motion to suppress is appellant’s sole enumeration […]

409 S.E.2d 878 PLATT v. THE STATE. A91A0167.Court of Appeals of Georgia. DECIDED JULY 16, 1991. RECONSIDERATION DENIED JULY 31, 1991. McMURRAY, Presiding Judge. Defendant was convicted and sentenced for trafficking in cocaine on September 21, 1989. Thereafter, on February 26, 1990, the trial court entered an order granting defendant’s motion for a new trial. […]

18 S.E.2d 693 GENERAL AMERICAN LIFE INSURANCE CO. v. BUTTS, admr. 28873.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1942. SUTTON, J. Under the judgment of the Supreme Court (General American Life Insurance Co. v. Butts, 193 Ga. 350, 18 S.E.2d 542) on certiorari from the judgment of this court in the present case, as […]

420 S.E.2d 363 TAHAMTAN v. TAHAMTAN et al. A92A0430.Court of Appeals of Georgia. DECIDED JUNE 26, 1992. COOPER, Judge. In 1987, appellant and his wife (hereinafter “appellee”) entered into a settlement agreement pursuant to their divorce to resolve all issues of property division and child custody. Following the divorce, and continuing for several years thereafter, […]

277 S.E.2d 272 PORTER COATINGS v. STEIN STEEL SUPPLY COMPANY et al. 60722.Court of Appeals of Georgia. DECIDED JANUARY 29, 1981. BIRDSONG, Judge. Porter Coatings (plaintiff-appellant), a division of Porter Paint Co., sued Stein Steel Supply Co. (“Stein Steel”) a purchaser of goods from the plaintiff, and Insurance Company of North America (“INA”), as surety […]

564 S.E.2d 847 DORSEY et al. v. ADAMS et al. A02A1075.Court of Appeals of Georgia. DECIDED: MAY 3, 2002. JOHNSON, Presiding Judge. The trial court found DeKalb County in contempt for violating a settlement agreement, which had been adopted as the order of the court, to provide medical care to inmates at the county jail. […]

367 S.E.2d 839 STONE v. McMICHEN et al. 75676.Court of Appeals of Georgia. DECIDED MARCH 11, 1988. REHEARING DENIED MARCH 22, 1988. McMURRAY, Presiding Judge. Laurence M. Stone brought an action against John E. McMichen, Kobe Farms Beef, Inc. (Kobe Farms) and East Coast Engineering, Inc. (East Coast), seeking, in pertinent part, damages for alleged […]

318 S.E.2d 643 SIBLEY et al. v. COBB COUNTY BOARD OF TAX ASSESSORS et al.; and vice versa. 67573, 67574.Court of Appeals of Georgia. DECIDED APRIL 3, 1984. REHEARING DENIED MAY 23, 1984. QUILLIAN, Presiding Judge. This is an appeal and a cross-appeal from an order of the trial court holding that the Cobb County […]

309 S.E.2d 816 DEPARTMENT OF TRANSPORTATION v. 2.734 ACRES OF LAND et al. 66326.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1983. REHEARING DENIED OCTOBER 21, 1983. SHULMAN, Chief Judge. This appeal involves a condemnation proceeding between appellant Department of Transportation and appellees Carpets by Ralph Currie, Inc. (“Currie”), and Concept 70 Atlanta, Inc. (“Concept […]