Category: Georgia Court of Appeals Opinions

549 S.E.2d 730 DUMAS ASSOCIATES v. NALECZ. A01A0588.Court of Appeals of Georgia. DECIDED: MAY 18, 2001 BLACKBURN, Chief Judge. Dumas Associates (Dumas), a law firm, appeals from the denial of its motion for new trial after the jury rendered a verdict against it in the underlying breach of contract action. Because the jury’s verdict was […]

570 S.E.2d 422 BRYANT v. THE STATE. A02A1116.Court of Appeals of Georgia. DECIDED: AUGUST 22, 2002 BARNES, Judge. Earnest Leon Bryant appeals the denial of his motion for an out-of-time appeal. Following a jury trial and proceeding pro se, Bryant was convicted in October of 1995 of one count of trafficking in cocaine, Page 142 […]

172 S.E.2d 459 ST. PAUL FIRE MARINE INSURANCE COMPANY v. MOSE GORDON CONSTRUCTION COMPANY, INC. et al. 44904.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1969. DECIDED JANUARY 19, 1970. BELL, Chief Judge. Plaintiff brought this action to recover for damage to a drill that was being transported on the truck Page 34 of the defendant […]

61 S.E.2d 689 PARK v. THE STATE. 33131.Court of Appeals of Georgia. DECIDED OCTOBER 26, 1950. The evidence authorized the verdict finding the defendant guilty of involuntary manslaughter in the commission of an unlawful act, and there being no merit in the special ground, the court did not err in overruling the motion for a […]

269 S.E.2d 923 WILLIAMS v. FIRST BANK TRUST COMPANY et al. HENDERSON v. FIRST BANK TRUST COMPANY et al. BROWN v. FIRST BANK TRUST COMPANY et al. FIRST BANK TRUST COMPANY v. WILLIAMS et al. 59859, 59860, 59861, 59862.Court of Appeals of Georgia.ARGUED MAY 7, 1980. DECIDED JUNE 16, 1980. BANKE, Judge. The First Bank […]

247 S.E.2d 161 HATFIELD et al. v. TEACHERS INSURANCE ANNUITY ASSOCIATION OF AMERICA. 55650.Court of Appeals of Georgia.ARGUED APRIL 5, 1978. DECIDED JUNE 23, 1978. REHEARING DENIED JULY 13, 1978. McMURRAY, Judge. Prior to October 1, 1974, Lake Ridge, Ltd., a partnership, made application for a loan with Teachers Insurance Annuity Association of America, a […]

433 S.E.2d 364 VAX v. ALBANY LAWN GARDEN CENTER et al. A93A0657.Court of Appeals of Georgia. DECIDED JUNE 23, 1993. RECONSIDERATION DENIED JULY 9, 1993. SMITH, Judge. Rita Vax was injured in 1988 while mowing her lawn when the riding mower her husband had purchased in 1981 “reared up,” causing her to fall and injure […]

612 S.E.2d 118 YOUNG v. THE STATE. WRIGHT v. THE STATE. A04A1828, A04A1829.Court of Appeals of Georgia. DECIDED MARCH 21, 2005. ADAMS, Judge. Jovan Young and Jomandi Wright were jointly tried by jury on charges arising out of an armed robbery of three men. They were convicted and sentenced on eight counts. They now appeal […]

288 S.E.2d 317 MATHIS v. THE STATE. 63291.Court of Appeals of Georgia. DECIDED FEBRUARY 11, 1982. DEEN, Presiding Judge. The defendant appeals from her conviction of theft by deception (Code § 26-1803) under an accusation and supporting evidence that she persuaded a local grocer to let her have groceries worth $47.86 upon her promise to […]

630 S.E.2d 891 DELPH v. THE STATE. A06A0257.Court of Appeals of Georgia. DECIDED MAY 11, 2006. RUFFIN, Chief Judge. Robert Delph filed a motion in autrefois convict, arguing that his nolo contendere plea for the offenses of simple battery and battery precluded a subsequent prosecution for aggravated battery and obstruction. The trial court denied the […]

140 S.E.2d 302 BOSTON INSURANCE COMPANY et al. v. SHARPTON. 40948.Court of Appeals of Georgia. DECIDED JANUARY 19, 1965. BELL, Presiding Judge. The State Board of Workmen’s Compensation rendered an award of medical and burial expenses and weekly compensation to dependents for the death of Harry Eugene Sharpton. The board subsequently approved a contract for […]

656 S.E.2d 172 IN THE INTEREST OF B. R., a child. No. A07A1577.Court of Appeals of Georgia. DECIDED DECEMBER 14, 2007. BERNES, Judge. B. R. was adjudicated delinquent after the juvenile court found that he had committed acts which, had he been an adult, would have supported a conviction for burglary.[1] B. R. appeals, contending […]

244 S.E.2d 59 BRANNON v. SIMPSON et al. 55071, 55310.Court of Appeals of Georgia.ARGUED JANUARY 17, 1978. DECIDED MARCH 14, 1978. REHEARING DENIED MARCH 31, 1978. BIRDSONG, Judge. This case had its origin as an equitable partitioning of land. Appellant Brannon, dissatisfied with the report of the court-appointed commissioner and the actions of the trial […]

409 S.E.2d 564 FRANKS et al. v. AVILA et al. A91A0424.Court of Appeals of Georgia. DECIDED JULY 16, 1991. RECONSIDERATION DENIED JULY 30, 1991. BANKE, Presiding Judge. The claimant in this workers’ compensation case fell and injured his neck during the course of his employment with Carlos Rojas, a stucco subcontractor. The claimant was working […]

402 S.E.2d 125 HIGHFIELD v. THE STATE. A90A2260.Court of Appeals of Georgia. DECIDED FEBRUARY 6, 1991. SOGNIER, Chief Judge. Terry Highfield was convicted of aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon, and was sentenced for those crimes and as a recidivist. […]

197 S.E.2d 149 COBB v. THE STATE. 47880.Court of Appeals of Georgia.SUBMITTED FEBRUARY 13, 1973. DECIDED MARCH 12, 1973. PANNELL, Judge. The defendant was convicted of the offense of burglary and given a 15-year sentence, from which he appeals. The only question presented on appeal to this court was whether the fingerprints lifted from a […]

366 S.E.2d 196 SCOTT v. THE STATE. ECHOLS v. THE STATE. 75822, 75823.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1988. REHEARING DENIED FEBRUARY 19, 1988. BANKE, Presiding Judge. Appellants Scott and Echols were jointly tried and convicted of kidnapping and rape. Echols was additionally found guilty of giving a false name to a law […]

384 S.E.2d 907 SOUTHERN RAILWAY COMPANY v. MONTGOMERY. A89A0318.Court of Appeals of Georgia. DECIDED JULY 13, 1989. McMURRAY, Presiding Judge. This action against defendant Southern Railway Company was filed by plaintiff Montgomery pursuant to the Federal Employers’ Liability Act, 45 USCA 51 et seq. Plaintiff sought damages for injuries he sustained while working for defendant. […]

241 S.E.2d 445 AETNA CASUALTY SURETY COMPANY v. PHOENIX INSURANCE COMPANY; and vice versa. 54734, 54735.Court of Appeals of Georgia.ARGUED OCTOBER 6, 1977. DECIDED JANUARY 4, 1978. REHEARING DENIED JANUARY 23, 1978. BIRDSONG, Judge. In the first appearance of this case before this court, we held that Phoenix Insurance Co. (Phoenix), as loss-payee of a […]

236 S.E.2d 889 LOYD v. CITY OF IRWINTON (two cases). 53964, 53965.Court of Appeals of Georgia.ARGUED JUNE 8, 1977. DECIDED JUNE 23, 1977. BANKE, Judge. The appellant and the appellee-city own adjacent parcels of land, the common landline of which is in dispute. The appellee petitioned for a declaratory judgment as to the proper boundary […]

377 S.E.2d 534 BENNETT et al. v. BEAN. 77532.Court of Appeals of Georgia. DECIDED JANUARY 3, 1989. BANKE, Presiding Judge. This appeal follows the return of a verdict for the defendant in an action to recover for property damage arising from an automobile collision. Defendant Bean agreed to perform body repair work on a Mazda […]

678 S.E.2d 172 BROWN v. THE STATE. No. A09A0241.Court of Appeals of Georgia. DECIDED MAY 8, 2009. MIKELL, Judge. A Douglas County jury convicted Rodney Brown of armed robbery and possession of a firearm during the commission of certain crimes on October 22, 2003. Brown was sentenced to serve life in prison on the armed […]

677 S.E.2d 792 CARTER v. THE STATE. No. A09A0189.Court of Appeals of Georgia. DECIDED APRIL 23, 2009. JOHNSON, Presiding Judge. Following a bench trial, Steve Carter was found guilty of possession of cocaine with intent to distribute. Carter appeals, alleging the trial court erred in denying his motion to suppress and in admitting the crime […]

89 S.E.2d 900 CALDWELL v. KNIGHT. 35811.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1955. REHEARING DENIED OCTOBER 13, 1955. 1. The law relating to the licensing of chiropractors in this State does not make illegal the use by such persons of rhythmic traction machines in performing adjustments on patients unless it be shown that […]

314 S.E.2d 677 HENDERSON v. THE STATE. 67027.Court of Appeals of Georgia. DECIDED JANUARY 31, 1984. SOGNIER, Judge. Appellant was convicted of burglary. On appeal he contends the trial court erred by refusing his written request to charge on criminal trespass as a lesser included offense. Appellant was apprehended about 2:00 a. m. on July […]

117 S.E.2d 206 MOORE v. HARTFORD ACCIDENT INDEMNITY COMPANY. 38366.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1960. REHEARING DENIED OCTOBER 5, 1960. 1. (a) The generally accepted meaning of the word “grantor” is one who transfers title to another without regard to whether such person transfers his own title or that of another in […]

338 S.E.2d 545 UNGER v. BRYANT EQUIPMENT SALES SERVICES, INC. et al. 69574.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1985. DEEN, Presiding Judge. The decision of the Court of Appeals in this case having been reversed by the Supreme Court, Unger v. Bryant Equip. c., Inc., 255 Ga. 53 (335 S.E.2d 109) (1985), our […]

667 S.E.2d 396 SANDERS v. THE STATE. No. A08A1249.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 2008. PHIPPS, Judge. After a jury trial, William Morris Sanders was convicted of burglary, [1] possession of tools for the commission of a crime (theft), [2] and giving a false name to a law enforcement officer.[3] His motion for […]

449 S.E.2d 644 STEIDL v. THE STATE. A94A1349.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1994. RUFFIN, Judge. Jack Steidl appeals his conviction of first degree arson. The State’s evidence viewed in the light most favorable to the jury’s verdict, shows the following facts. Shortly after midnight on July 28, 1991, the fire department responded […]

673 S.E.2d 291 IN THE INTEREST OF C. C., a child. No. A09A0536.Court of Appeals of Georgia. DECIDED JANUARY 29, 2009. ANDREWS, Presiding Judge. On appeal from the juvenile court’s adjudication of delinquency for her possession of drugs on school property, C. C. argues that the evidence was insufficient. We agree and reverse. On appeal, […]

356 S.E.2d 61 BLANKENSHIP v. HOME DEPOT, INC. 73416.Court of Appeals of Georgia. DECIDED MARCH 17, 1987. REHEARING DENIED MARCH 30, 1987. McMURRAY, Presiding Judge. Plaintiff Blankenship tendered a check in the amount of $52.45 Page 359 for merchandise purchased at the retail store of The Home Depot, Inc. (“Home Depot”). The check was returned […]

411 S.E.2d 760 WORLEY v. THE STATE. A91A0864.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1991. RECONSIDERATION DENIED NOVEMBER 1, 1991. BEASLEY, Judge. Following the denial of his motion for new trial, Worley appeals his conviction for the armed robbery of a fast food restaurant in Dalton, OCGA § 16-8-41. He and two co-defendants were […]

456 S.E.2d 595 PLUNKETT v. GINSBURG. A94A2012.Court of Appeals of Georgia. DECIDED FEBRUARY 17, 1995. RECONSIDERATION DENIED MARCH 29, 1995. ANDREWS, Judge. We granted interlocutory appeal to consider the trial court’s grant of a motion for protective order. The order prohibited the discovery of the records of a psychiatrist treating plaintiff Ginsburg, who had sued […]

276 S.E.2d 649 WILLIAMS v. THE STATE. 60798.Court of Appeals of Georgia. DECIDED JANUARY 6, 1981. REHEARING DENIED JANUARY 16, 1981. DEEN, Presiding Judge. Charlie Williams brings this appeal from his conviction of aggravated assault following the denial of his motion for a new trial Page 158 contending that the trial court erred by failing […]

208 S.E.2d 200 LASHLEY v. THE STATE. 49560.Court of Appeals of Georgia.SUBMITTED JUNE 27, 1974. DECIDED JULY 16, 1974. DEEN, Judge. The defendant was convicted of aggravated sodomy of his ten-year-old stepson. Held: Page 428 1. The testimony of the victim together with corroborating circumstances, including evidence impounded and examined by the State Crime Laboratory, […]

130 S.E.2d 616 COLONIAL STORES, INC. v. OWENS. 39950.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1963. REHEARING DENIED FEBRUARY 28, 1963. Allegations in the petition that plaintiff, as a result of the distractions of a crowd of people in which she walked and of brightly colored signs posted in a nearby window of the […]

460 S.E.2d 538 GWINNETT COUNTY BOARD OF TAX ASSESSORS v. MAKITA CORPORATION OF AMERICA. GWINNETT COUNTY BOARD OF TAX ASSESSORS v. MAKITA U.S.A., INC. A95A1423, A95A1528.Court of Appeals of Georgia. DECIDED JULY 7, 1995. RECONSIDERATION DENIED JULY 26, 1995. CERT. APPLIED FOR. BLACKBURN, Judge. These two appeals are from the trial court’s grant of summary […]

26 S.E.2d 146 SMITH v. C. I. T. CORPORATION. 30076.Court of Appeals of Georgia. DECIDED MAY 28, 1943. REHEARING DENIED JUNE 10, 1943. Under the law and the facts the court did not err in granting a nonsuit. DECIDED MAY 28, 1943. REHEARING DENIED JUNE 10, 1943. Action for damages; from Floyd superior court — […]

254 S.E.2d 517 METZGAR v. RESERVE INSURANCE COMPANY. 57488.Court of Appeals of Georgia.SUBMITTED MARCH 6, 1979. DECIDED MARCH 16, 1979. WEBB, Presiding Judge. Metzgar appeals from the grant of summary judgment in favor of the insurance company asserting that his pleadings and affidavits raised a genuine issue as to whether an oral lifetime employment contract […]

580 S.E.2d 253 RAZAVI ET AL v. SHACKELFORD. A02A2102.Court of Appeals of Georgia. Decided February 25, 2003. Reconsideration Denied March 27, 2003 MIKELL, Judge. Ehsan Rasavi and Ingrid Trivino appeal the grant of summary judgment to Frank Shackelford in his action seeking the cancellation of real property liens filed by Rasavi. Summary judgment is proper […]

298 S.E.2d 510 JARMON et al. v. MURPHY. 64569.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1982. REHEARING DENIED DECEMBER 15, 1982. SOGNIER, Judge. Denise Jarmon sued Allene Murphy for personal injuries sustained when the automobile in which Jarmon was a passenger collided with an automobile driven by Murphy. The collision occurred in Columbus, Georgia, […]

206 S.E.2d 582 PEACOCK v. THE STATE. 49190.Court of Appeals of Georgia.SUBMITTED APRIL 1, 1974. DECIDED APRIL 22, 1974. QUILLIAN, Judge. The defendant was tried and convicted of theft by taking. An appeal based upon the general grounds was filed and the case is here for review. Held: Recent possession of stolen goods without a […]

202 S.E.2d 260 TRAVELERS INDEMNITY COMPANY et al. v. STATE FARM MUTUAL INSURANCE COMPANY et al. 48413.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1973. DECIDED OCTOBER 3, 1973. REHEARING DENIED OCTOBER 24, 1973. 1. The trial court erred in holding, in an action for declaratory judgment by the insurer of the defendant in a wrongful […]

702 S.E.2d 763 RAPPLEY v. THE STATE. No. A10A1460.Court of Appeals of Georgia. DECIDED OCTOBER 20, 2010. McMURRAY, Senior Appellate Judge. Following a bench trial, Kristi Ann Rappley was convicted of DUI per se, OCGA § 40-6-391 (a) (5).[1] On appeal, she contends that the trial court erred in denying her motion to suppress because […]

571 S.E.2d 150 EMANUEL TRACTOR SALES, INC. v. DEPT. OF TRANSP. A02A1282.Court of Appeals of Georgia. DECIDED: AUGUST 2, 2002. ELDRIDGE, Judge. This is an appeal from the grant of summary judgment in an action for inverse condemnation against Emanuel Tractor Sales, Inc., plaintiff, holding that it had no legal interest by lease in the […]

295 S.E.2d 373 STEFAN JEWELERS INC. v. BERRY, et al. . 64519.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1982. BIRDSONG, Judge. Appellees Robin and Sandra Berry left five pieces of jewelry valued at $7,666 to be repaired at the store of appellant Stefan Jewelers. Stefan Jewelers was the victim of a burglary in which […]

422 S.E.2d 56 COLLINS v. THE STATE. A92A0863.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1992. POPE, Judge. The defendant, Zachary S. Collins, was tried by a jury and convicted of unlawful distribution of cocaine. On appeal he asserts the trial court erred in denying his motion for directed verdict and that evidence of a […]

305 S.E.2d 467 GRIFFIN v. THE STATE. 65770.Court of Appeals of Georgia. DECIDED MAY 25, 1983. SHULMAN, Chief Judge. Appellant was convicted of aggravated sodomy. His attorney filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (87 S.C. 1396, 18 L.Ed.2d 493). The motion was denied because it did […]

327 S.E.2d 753 MALPASS v. THE STATE (four cases). MALPASS v. THE STATE. 69537, 69538, 69539, 69540. 69541.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1985. REHEARING DENIED MARCH 7, 1985. McMURRAY, Presiding Judge. Five cases are consolidated for purposes of this appeal. Defendant Todd Barton Malpass was charged with violation of the Georgia Controlled […]

375 S.E.2d 59 RICHARDSON v. THE STATE. 76583.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1988. REHEARING DENIED OCTOBER 14, 1988. McMURRAY, Presiding Judge. Defendant appeals his conviction for armed robbery. Held: Defendant contends that his trial counsel, who is different from his appellate counsel, rendered ineffective assistance of counsel. At the hearing on defendant’s […]

285 S.E.2d 73 HUDGINS v. THE STATE. 62100.Court of Appeals of Georgia. DECIDED SEPTEMBER 28, 1981. BIRDSONG, Judge. Theft by Deception. The appellant J. Don Hudgins and/or his father negotiated a loan with the Commercial Bank of Bowden in the amount of $2,499.75 in August, 1977, pledging as collateral a mobile home. A second loan […]

606 S.E.2d 74 TAYLOR v. HOWREN. A04A2280.Court of Appeals of Georgia. DECIDED OCTOBER 12, 2004. RECONSIDERATION DENIED OCTOBER 29, 2004. BLACKBURN, Presiding Judge. In this action regarding personal injuries received after being thrown from a horse, Rodney Taylor appeals the trial court’s grant of summary judgment to Gary Howren,[1] contending that the trial court erred […]

92 S.E.2d 254 GRIFFIN GROCERY CO. v. PENNSYLVANIA RAILROAD CO. 36030.Court of Appeals of Georgia. DECIDED MARCH 13, 1956. Where a seller of goods consigns them to itself by order notify bill of lading issued by a railroad, and the bill of lading states that the freight has been prepaid, and the order notify purchaser […]

676 S.E.2d 840 FARRAR v. MACIE et al. No. A09A0103.Court of Appeals of Georgia. DECIDED MARCH 30, 2009. ADAMS, Judge. Psychologist John Edward Farrar sued attorney James J. Macie, Macie’s wife, Mary Ann Macie, and Macie’s paralegal, Marsha Dryden, seeking damages arising out of the alleged tortious interference by the defendants with Farrar’s business relations, […]

269 S.E.2d 490 CRAFT v. THE STATE. 59494.Court of Appeals of Georgia.SUBMITTED FEBRUARY 14, 1980. DECIDED MAY 8, 1980. REHEARING DENIED MAY 20, 1980. CARLEY, Judge. Craft was indicted and convicted of burglary. He appeals from the denial of his amended motion for new trial. 1. Appellant’s first three enumerations of error urge that the […]

203 S.E.2d 912 CUSTOM FARM SERVICES, INC. v. FAULK. 48708.Court of Appeals of Georgia.SUBMITTED OCTOBER 2, 1973. DECIDED JANUARY 15, 1974. QUILLIAN, Judge. Custom Farm Services, Inc. filed its complaint in the Twiggs Superior Court against George W. Faulk. The complaint as amended sought recovery for the price of goods which the defendant allegedly purchased […]

367 S.E.2d 859 HARTFORD INSURANCE COMPANY v. HENDERSON SON, INC. 75341.Court of Appeals of Georgia. DECIDED MARCH 16, 1988. REHEARING DENIED MARCH 30, 1988. McMURRAY, Presiding Judge. Plaintiff Henderson Son, Inc. filed this action on a debt against defendant The In-Store Media Corporation. Defendant The In-Store Media Corporation answered and filed its counterclaim against plaintiff […]

555 S.E.2d 91 THE STATE v. HEREDIA. A01A1466.Court of Appeals of Georgia. DECIDED: OCTOBER 4, 2001. BARNES, Judge. The state appeals from the trial court’s order granting Kevin Heredia’s motion to suppress. The record shows that the trial court granted the motion for four reasons: (1) a Cobb County police officer arrested Heredia within the […]

586 S.E.2d 709 MITCHELL v. THE STATE. A03A1760.Court of Appeals of Georgia. DECIDED: AUGUST 19, 2003 BLACKBURN, Presiding Judge. Bernard Mitchell appeals his conviction by a jury of child molestation, arguing that the evidence is insufficient to support his conviction. For the reasons set forth below, we affirm. Page 807 The standard of review for […]

332 S.E.2d 355 ADAMS et al. v. CATO. 69918.Court of Appeals of Georgia. DECIDED JUNE 4, 1985. BEASLEY, Judge. General contractor Adams contracted with the City of Greenville to complete a sewer improvement project, for which Integon Indemnity Corporation posted payment bond. Cato was the primary subcontractor and filed suit for approximately $39,000 which he […]

393 S.E.2d 710 LAND v. CASTEEL. A90A0379.Court of Appeals of Georgia. DECIDED APRIL 13, 1990. REHEARING DENIED APRIL 30, 1990. BEASLEY, Judge. Defendant Land was driving Martin’s vehicle when she was involved in a collision with plaintiff Casteel. In this suit for personal injuries arising out of the collision, interlocutory appeal from the denial of […]

305 S.E.2d 438 GRICE v. THE STATE. 65791.Court of Appeals of Georgia. DECIDED MAY 20, 1983. POPE, Judge. Robert James Grice brings this appeal from his conviction of burglary. Held: 1. “A person commits the offense of burglary when, without authority and with the intent to commit a . . . theft therein, he enters […]

190 S.E.2d 920 WOODS v. CANADY. 47156.Court of Appeals of Georgia.SUBMITTED MAY 1, 1972. DECIDED MAY 31, 1972. STOLZ, Judge. 1. In this action by a buyer to rescind a contract for the purchase of a motor vehicle on the ground of his minority at the time of the transaction, the trial judge did not […]

208 S.E.2d 626 HARPER v. THE STATE. 49703.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 4, 1974. DECIDED SEPTEMBER 19, 1974. PANNELL, Presiding Judge. The defendant was indicted, tried and convicted of the offense of receiving stolen property. He appealed to this court on the general grounds only. Held: The evidence was amply sufficient to authorize the […]

335 S.E.2d 392 WEATHERS et al. v. COWAN et al. 69870.Court of Appeals of Georgia. DECIDED JULY 30, 1985. REHEARING DENIED SEPTEMBER 13, 1985. POPE, Judge. Appellants Mr. and Mrs. Weathers brought suit against appellees Cowan and Time D.C., Inc. seeking to recover for injuries allegedly sustained by Mrs. Weathers and loss of her consortium […]

102 S.E.2d 686 WEHLE v. BAKER. 36957.Court of Appeals of Georgia. DECIDED JANUARY 20, 1958. REHEARING DENIED FEBRUARY 4, 1958. TOWNSEND, Judge. 1. H. L. Baker, Sr., brought suit in the Civil Court of Fulton County against Fred Wehle, Jr., based upon an alleged contract of guaranty contained in a letter as follows: “Mr. H. […]

154 S.E.2d 270 HERMITAGE HEALTH LIFE INSURANCE COMPANY v. BAGGS, Executrix. 42437.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1966. DECIDED JANUARY 18, 1967. REHEARING DENIED FEBRUARY 3, 1967. 1. The evidence authorized a finding that the disease insured against had not “commenced” at the time the policy became effective. 2. The defense presented by the […]

286 S.E.2d 458 BAKER v. THE STATE. 62065.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1981. REHEARING DENIED OCTOBER 29, 1981. CARLEY, Judge. Appellant was indicted for motor vehicle theft under former Code Ann. § 26-1813 in that he “did unlawfully take and carry away, with intent to steal the same, a certain motor vehicle, […]

117 S.E.2d 189 CHANCEY v. COBB. 38365.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1960. REHEARING DENIED OCTOBER 26, 1960. A minor child of tender years riding at the invitation of the driver and owner of an automobile, with the express consent and acceptance of its mother, even though, on account of its tender years, […]

155 S.E.2d 720 McDONALD v. HESTER et al. 42775.Court of Appeals of Georgia.ARGUED MAY 4, 1967. DECIDED MAY 18, 1967. JORDAN, Presiding Judge. The petitioners in the lower court, husband and wife, sought to adopt a minor child. Their petition includes a final divorce decree dissolving a former marriage of the wife, incorporating therein as […]

598 S.E.2d 24 ESQUIVEL v. THE STATE. No. A04A0020.Court of Appeals of Georgia. DECIDED MARCH 11, 2004. RECONSIDERATION DISMISSED APRIL 1, 2004. JOHNSON, Presiding Judge. In 1996, Rodolfo Esquivel was indicted in Gwinnett County for aggravated child molestation. He was tried before a jury and convicted of the offense. He appealed his conviction, which this […]

568 S.E.2d 95 BINKLEY v. FLATT. A02A0091.Court of Appeals of Georgia. DECIDED: JUNE 21, 2002 POPE, Presiding Judge. Victoria Binkley appeals from the order of the trial court holding her in contempt for failing to comply with the visitation rights previously awarded to Carmen Flatt, who is the paternal grandmother of Binkley’s child. Flatt’s son […]

126 S.E.2d 913 ANGLIN v. ST. PAUL-MERCURY INDEMNITY COMPANY et al. (two cases). 39441, 39442.Court of Appeals of Georgia. DECIDED JULY 11, 1962. REHEARING DENIED JULY 26, 1962. A new award of the State Board of Workmen’s Compensation entered on the basis of a change in condition cannot modify or set aside the previous award […]

225 S.E.2d 728 GENERAL MOTORS ACCEPTANCE CORPORATION v. MILLER et al. 51645.Court of Appeals of Georgia.ARGUED JANUARY 6, 1976. DECIDED MARCH 16, 1976. PANNELL, Presiding Judge. General Motors Acceptance Corporation, on March Page 141 18, 1975, brought a foreclosure action pertaining to an automobile against William J. Miller and Tommy Hinson, seeking a writ of […]

10 S.E.2d 417 KELLY v. THE STATE. 28203.Court of Appeals of Georgia. DECIDED JULY 16, 1940. REHEARING DENIED JULY 31, 1940. 1. An indictment, after charging the defendant with unlawfully killing a named person in the commission of certain unlawful acts, charged that the defendant did drive an automobile “at a greater rate of speed […]

239 S.E.2d 177 LEACH v. THE STATE. 54271.Court of Appeals of Georgia.ARGUED SEPTEMBER 6, 1977. DECIDED SEPTEMBER 30, 1977. REHEARING DENIED OCTOBER 19, 1977. DEEN, Presiding Judge. Appellant was indicted, tried, and convicted of the offenses of aggravated assault and possession of a sawed-off shotgun in violation of the Georgia Firearms and Weapons Act. He […]

370 S.E.2d 814 THOMPSON v. THE STATE. 75892.Court of Appeals of Georgia. DECIDED JUNE 15, 1988. CARLEY, Judge. Appellant and his co-defendant were indicted for two counts of armed robbery. Appellant’s co-defendant pled guilty to the offenses. Appellant was tried before a jury and found guilty of both counts. Appellant appeals from the judgments of […]

264 S.E.2d 707 WILLIAMS v. DOSTER. 59064.Court of Appeals of Georgia.ARGUED JANUARY 7, 1980. DECIDED JANUARY 24, 1980. QUILLIAN, Presiding Judge. This was an action for breach of contract for the lease-purchase of a boat and tortious conversion of the boat, brought by the purchaser. The principal issue was whether the seller accepted late installment […]

206 S.E.2d 576 WHITE et al. v. LIBERTY MUTUAL INSURANCE COMPANY et al. 49186.Court of Appeals of Georgia.ARGUED APRIL 4, 1974. DECIDED APRIL 19, 1974. EVANS, Judge. In 1970, Tom White, an employee of United Parcel Service, was killed in an automobile-truck collision. His death arose out of and in the course of his employment. […]

59 S.E.2d 552 HIRSH v. ANDREWS et al. (two cases). 32861, 32862.Court of Appeals of Georgia. DECIDED MAY 3, 1950. REHEARING DENIED JUNE 6, 1950. The judgment overruling the demurrers was not error for any reason assigned. DECIDED MAY 3, 1950. REHEARING DENIED JUNE 6, 1950. Damages; from Fulton Superior Court — Judge Pharr. November […]

29 S.E.2d 922 DYER v. THE STATE. 30415.Court of Appeals of Georgia. DECIDED APRIL 20, 1944. The denial of a new trial was not error. DECIDED APRIL 20, 1944. Larceny; from Hall superior court — Judge Candler. December 10, 1943. Page 42 W. P. Martin, E. C. Brannon, for plaintiff in error. G. Fred Kelley, […]

152 S.E.2d 431 LANDERS v. THE STATE. 42397.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1966. DECIDED NOVEMBER 14, 1966. REHEARING DENIED NOVEMBER 29, 1966. NICHOLS, Presiding Judge. Clifford A. Landers was indicted and convicted of possessing narcotics. On the trial of the case it was stipulated that legal title to the real property where the […]

182 S.E.2d 518 DARRAH v. WOMACK. 45953.Court of Appeals of Georgia.SUBMITTED FEBRUARY 3, 1971. DECIDED MAY 11, 1971. HALL, Presiding Judge. In an action seeking damages for medical expenses, property damage and loss of his wife’s services and consortium, plaintiff appeals from the judgment rendered in his favor and from the denial of his motion […]

422 S.E.2d 295 THE STATE v. HOLTON. A92A1080.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1992. McMURRAY, Presiding Judge. Via indictment, defendant was accused of violating the Georgia Controlled Substances Act (possession of marijuana with intent to distribute). Defendant had been arrested when marijuana was discovered in an automobile that he was driving and while […]

694 S.E.2d 132 HAWKINS v. THE STATE. No. A09A1639.Court of Appeals of Georgia. DECIDED MARCH 29, 2010. RECONSIDERATION DENIED APRIL 12, 2010. BARNES, Judge. Luther Jerome Hawkins was found guilty of possession of methamphetamine, and following the denial of his motion for new trial, he appeals the denial of his motion to suppress. Hawkins contends […]

606 S.E.2d 883 HOUSTON v. THE STATE. A04A2371.Court of Appeals of Georgia. DECIDED NOVEMBER 15, 2004. JOHNSON, Presiding Judge. A jury found Kara Houston guilty of aggravated assault and robbery. Houston appeals, alleging the trial court erred in admitting similar transaction evidence and in allowing a detective to read the statement of a witness to […]

435 S.E.2d 469 McBEE v. THE STATE. A93A1072.Court of Appeals of Georgia. DECIDED AUGUST 20, 1993. RECONSIDERATION DENIED SEPTEMBER 8, 1993. McMURRAY, Presiding Judge. Johnny Ladell McBee (defendant) and Bobby Gene Simpson, Jr., were jointly indicted for arson in the first degree. Simpson plead guilty and testified for the State at defendant’s jury trial. Defendant […]

319 S.E.2d 553 ZELLERS et al. v. THEATER OF THE STARS, INC. 68155.Court of Appeals of Georgia. DECIDED JUNE 28, 1984. CARLEY, Judge. Appellants Ronald and Claira Zellers attended a performance sponsored by appellee Theater of the Stars which was held in the Atlanta Civic Center (Civic Center). At the conclusion of the performance, appellants […]

213 S.E.2d 533 CHRISTIE v. HOGAN-SCARBORO CORPORATION. 50192.Court of Appeals of Georgia.SUBMITTED FEBRUARY 10, 1975. DECIDED MARCH 4, 1975. EVANS, Judge. Hogan-Scarboro Corporation, as plaintiff, filed suit against Lenn M. Christie, individually and d/b/a Christie Developers, as defendant, for $11,800 on a debt alleged to have arisen out of a contract. Plaintiff filed requests for […]

73 S.E.2d 88 ZETTEROWER v. THE STATE. 34283.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1952. TOWNSEND, J. The evidence here that the defendant lived in and operated an establishment in and on the premises of which whisky was found; that he had on previous occasions concealed whisky in a pond for use in his […]

84 S.E.2d 209 ROWLAND v. THE STATE. 35358.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1954. 1. The evidence is insufficient to establish the venue of the crime as having been committed in Lowndes County. 2. Under the provisions of Code § 70-207, the refusal of the trial court to give a pertinent legal charge […]

293 S.E.2d 872 BURKE et al. v. THE STATE. 64558.Court of Appeals of Georgia. DECIDED JULY 13, 1982. DEEN, Presiding Judge. Johnny and Tommy Burke appeal from their convictions of armed robbery. 1. Appellants contend that the trial court erred in permitting the district attorney to testify as to hearsay evidence which was extremely damaging […]

527 S.E.2d 12 CASTRO v. THE STATE. A99A1374.Court of Appeals of Georgia. DECIDED: DECEMBER 3, 1999. SMITH, Judge. Maria Castro, along with her husband, Jose Castro, was convicted of the offenses of aggravated child molestation and child molestation involving their three-year-old daughter. Maria Castro filed a motion for new trial, which was denied. In this […]

160 S.E.2d 232 HOHLSTEIN v. WHITE, by Next Friend. 43279.Court of Appeals of Georgia.ARGUED JANUARY 5, 1968. DECIDED FEBRUARY 9, 1968. DEEN, Judge. 1. Code Ann. § 81A-137 (d) provides: “If . . . a party wilfully fails to appear before the officer who is to take his deposition, after being served with a proper […]

162 S.E.2d 801 LAKE SPIVEY PARKS, INC. v. JONES. 43733.Court of Appeals of Georgia.ARGUED JUNE 3, 1968. DECIDED JUNE 24, 1968. 1. (a, b) The motion to dismiss the appeal is denied. 2. The court properly granted the motion for judgment on the pleadings, treated as a motion for summary judgment. Page 61 ARGUED JUNE […]