Category: Georgia Court of Appeals Opinions

44 S.E.2d 391 SCOTT v. THE STATE. 31678.Court of Appeals of Georgia. DECIDED SEPTEMBER 13, 1947. 1. The court rules, as adopted and prescribed by the Supreme Court on January 12, 1946, pursuant to the act approved February 16, 1945, (Ga. L. 1945, pp. 145 et seq.), which became effective January 1, 1947, do not […]

200 S.E.2d 487 JONES v. THE STATE. 48605.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 6, 1973. DECIDED SEPTEMBER 12, 1973. EBERHARDT, Presiding Judge. Appellant pleaded guilty in the superior court to a charge of burglary, and a presentencing investigation report was compiled and presented to the trial judge updating a previous report. Both reports contained information […]

275 S.E.2d 758 STEPHENS v. THE STATE. 61047.Court of Appeals of Georgia.SUBMITTED NOVEMBER 4, 1980. DECIDED DECEMBER 3, 1980. REHEARING DENIED DECEMBER 19, 1980. BANKE, Judge. The defendant appeals his conviction for selling phencyclidine in violation of the Controlled Substances Act. An undercover G. B. I. agent testified that she went to the defendant’s home […]

564 S.E.2d 503 LEE v. THE STATE. A02A0228.Court of Appeals of Georgia. DECIDED: APRIL 16, 2002 JOHNSON, Presiding Judge. Yung Lee was charged with cruelty to children in the first degree for beating her 17-year-old stepdaughter with a stick. Lee denied the charge, and was tried before a jury, which returned a guilty verdict. Lee […]

47 S.E.2d 782 WILLIAMS v. THE STATE. 32001.Court of Appeals of Georgia. DECIDED MAY 6, 1948. 1. The evidence sustains the verdict. 2. Special ground 1 is not meritorious for the reasons set out in the opinion. 3. In a case of assault with intent to murder, where the evidence shows mutual combat the court […]

626 S.E.2d 552 SAADATDAR v. THE STATE. A05A1650.Court of Appeals of Georgia. DECIDED JANUARY 24, 2006. MILLER, Judge. Following a bench trial, Abbas Saadatdar was convicted of possession of morphine. On appeal, he contends that the trial court erred in denying his motion to suppress. We discern no error and affirm. On appeal from a […]

298 S.E.2d 313 SIMMONS v. THE STATE. 65224.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1982. BANKE, Judge. Appellant David Keith Simmons appeals his conviction of voluntary manslaughter for the fatal shooting of Grady Purvis Held: 1. Appellant’s first three enumerations of error assert that the evidence was insufficient to support the verdict. The evidence […]

362 S.E.2d 472 McCORMICK v. THE STATE. 74379.Court of Appeals of Georgia. DECIDED NOVEMBER 2, 1987. McMURRAY, Presiding Judge. Following a jury trial, defendant was convicted of the offenses of rape and burglary. In his sole enumeration of error, defendant contends the trial court erred in permitting the State to use its peremptory strikes in […]

523 S.E.2d 362 ABNEY v. THE STATE. A99A1055.Court of Appeals of Georgia. DECIDED: OCTOBER 6, 1999. RUFFIN, Judge. A Richmond County jury found Anthony Abney guilty of burglary. Abney appeals, asserting numerous errors, and we affirm. 1. In two enumerations of error, Abney argues that the evidence was insufficient to support his conviction. On appeal […]

164 S.E.2d 262 COTTON STATES MUTUAL INSURANCE COMPANY et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. 43705.Court of Appeals of Georgia.ARGUED JUNE 4, 1968. DECIDED OCTOBER 7, 1968. Where the owner of a motor vehicle loaned it to another, a third person was using the vehicle with permission of the owner within […]

555 S.E.2d 740 SYLVESTER v. DEPT. OF TRANSPORT. A01A2292.Court of Appeals of Georgia. DECIDED: OCTOBER 12, 2001. ELDRIDGE, Judge. Lynn M. Sylvester and Steven K. Sylvester appeal from the grant of summary judgment against them in their Georgia Tort Claims action, which arose February 28, 1997, against the Department of Transportation, because they never served […]

614 S.E.2d 118 BLACKMON v. THE STATE. A05A0578.Court of Appeals of Georgia. DECIDED APRIL 14, 2005. JOHNSON, Presiding Judge. A grand jury indicted Perez Blackmon on two counts of child molestation and two counts of rape. Each count contains the same form of averment as to the date of the offense charged: “between the dates […]

681 S.E.2d 754 ATLANTA WOMEN’S HEALTH GROUP P.C. et al. v. CLEMONS et al. No. A09A1287.Court of Appeals of Georgia. DECIDED JULY 14, 2009. BLACKBURN, Presiding Judge. We granted this interlocutory appeal to consider the trial court’s treatment of our decision in Atlanta Women’s Health Group, P.C. v. Clemons[1] (Atlanta Women’s Health I). Here, as […]

340 S.E.2d 25 HOLBERT v. THE STATE. 71360.Court of Appeals of Georgia. DECIDED JANUARY 7, 1986. BEASLEY, Judge. Defendant appeals from the denial of his motion for modification of probation. Defendant’s original sentence for trafficking in cocaine (count one) and attempted trafficking in cocaine (count two) was 25 years, 15 years in confinement with the […]

60 S.E.2d 177 LEE v. THE STATE. 33099.Court of Appeals of Georgia. DECIDED JUNE 21, 1950. 1. If the phrase “contrary to the laws of said State, the good order, peace and dignity thereof” is a necessary part of an indictment at all, the requirement is met when the indictment consists of more than one […]

283 S.E.2d 99 SIMPSON v. THE STATE. 62229.Court of Appeals of Georgia. DECIDED JULY 9, 1981. DEEN, Presiding Judge. 1. The affidavit in support of the application for search warrant was sworn to on November 26, 1980, and attests that during that week the affiant received information from the informant “that cocaine and Quaaludes are […]

283 S.E.2d 64 SLACK v. THE STATE. 61259.Court of Appeals of Georgia. DECIDED JULY 8, 1981. CARLEY, Judge. Appellant and co-defendant, Robert Armstead, were convicted by a jury of credit card theft. Following the denial of her amended motion for new trial, appellant brings this appeal from the judgment and sentence entered on the jury […]

264 S.E.2d 254 MAXWELL et al. v. THE STATE; and vice versa. 57629, 57630.Court of Appeals of Georgia.SUBMITTED APRIL 10, 1979. DECIDED NOVEMBER 29, 1979. REHEARING DENIED DECEMBER 14, 1979. UNDERWOOD, Judge. Three defendants jointly appeal their conviction of distributing obscene material and the state appeals the Page 777 trial court’s post-conviction determination that the […]

338 S.E.2d 299 SLOAN v. BROOKS. 71528.Court of Appeals of Georgia. DECIDED NOVEMBER 18, 1985. BANKE, Chief Judge. The appellant sought and obtained a judgment against the appellee in magistrate’s court on a $1,000 promissory note. The appellee appealed to superior court, which reversed based on a determination that the claim was barred by the […]

290 S.E.2d 560 GREGORY et al. v. JOHNSON et al. 61183.Court of Appeals of Georgia. DECIDED APRIL 23, 1982. BIRDSONG, Judge. Our judgment in Gregory v. Johnson, 159 Ga. App. 320 (283 S.E.2d 357) wherein we affirmed the trial court’s grant of summary judgment having been reversed by the Supreme Court on certiorari Page 192 […]

463 S.E.2d 732 KEITH v. ALEXANDER UNDERWRITERS GENERAL AGENCY INC. A95A1405.Court of Appeals of Georgia. DECIDED NOVEMBER 7, 1995. BEASLEY, Chief Judge. On December 17, 1993, Alexander Underwriters General Agency, Page 37 Inc. (“Underwriters”) filed a complaint against “L. L. KEITH DBA GREENVILLE INSURANCE AGENCY” on an open commercial account. On December 29, a deputy […]

633 S.E.2d 806 JONES v. THE STATE. No. A06A0355.Court of Appeals of Georgia. DECIDED JULY 6, 2006. BARNES, Judge. Heath Lemuel Jones appeals his convictions for two counts of burglary and two counts of aggravated assault. He contends the evidence is not sufficient to support his convictions, and that the trial court erred by admitting […]

210 S.E.2d 381 KRIST v. THE STATE. 49682.Court of Appeals of Georgia.ARGUED SEPTEMBER 10, 1974. DECIDED OCTOBER 31, 1974. BELL, Chief Judge. The defendant was convicted of an attempt to intentionally escape from the Georgia Diagnostic and Classification Center in Butts County. His motion for new trial was overruled and he appeals. Held: 1. Defendant […]

10 S.E.2d 717 BROWN v. THE STATE. 28430.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1940. GARDNER, J. 1. Assignment of error is only upon the general grounds. The evidence supports the verdict, and the court did not err in overruling the motion for new trial. 2. The other questions, on which complaint is made, […]

296 S.E.2d 85 FORD et al. v. THE STATE. 63972.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1982. POPE, Judge. Willie Howard Ford, Jr., and Gregory Frank Kates were indicted on two counts of aggravated assault. They were convicted of pointing a pistol at another (a misdemeanor) on Count I and were convicted as charged […]

121 S.E.2d 88 JACKSON v. REDWOOD RESTAURANT BARS, INC. 38887.Court of Appeals of Georgia. DECIDED JUNE 22, 1961. TOWNSEND, Presiding Judge. Presiding Judge. Service by mail of a bill of exceptions upon parties residing in this State being insufficient, and there being no other return, acknowledgment, or waiver of service, the motion to dismiss this […]

203 S.E.2d 309 LOWE v. PAYNE. 48781.Court of Appeals of Georgia.ARGUED NOVEMBER 7, 1973. DECIDED NOVEMBER 28, 1973. CLARK, Judge. “Letter-of-the-law pecksniffery” is a juridical sin. Such charge is often aimed at appellate judges who regretfully find themselves by mandate of the law required to dismiss an appeal without consideration of the merits. In every […]

235 S.E.2d 640 GAINES v. THE STATE. 53769.Court of Appeals of Georgia.SUBMITTED APRIL 12, 1977. DECIDED MAY 3, 1977. BANKE, Judge. The defendant appeals from his conviction of first degree forgery. Around June 1976, the defendant was hired to paint part of the building occupied by Cotton Patch Interiors of Newnan. At the defendant’s suggestion, […]

72 S.E.2d 504 FUNSTEN v. MUSE. 34148.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1952. REHEARING DENIED SEPTEMBER 13, 1952. CARLISLE, J. Where the holder of a duly recorded bill of sale to a certain crop of peanuts, who had furnished supplies to produce the crop, brought an action of trover to recover the value […]

680 S.E.2d 159 BIRDSONG v. THE STATE. No. A09A0963.Court of Appeals of Georgia. DECIDED JUNE 12, 2009. BLACKBURN, Presiding Judge. Barry Birdsong appeals from the denial of his plea in bar of former jeopardy, arguing that the trial court improperly granted the State’s motion for mistrial on the ground that cross-examination of the victim (Birdsong’s […]

151 S.E.2d 160 TSCHUDY v. SILER. 42054.Court of Appeals of Georgia.SUBMITTED JUNE 6, 1966. DECIDED SEPTEMBER 6, 1966. REHEARING DENIED SEPTEMBER 22, 1966. PANNELL, Judge. 1. Where an alleged brokerage contract for the sale of a business attempts to set forth the terms of sale as to the amount to be paid and the amount […]

454 S.E.2d 142 WILLIAMS v. THE STATE. A94A2485.Court of Appeals of Georgia. DECIDED JANUARY 19, 1995. CERT. APPLIED FOR. RUFFIN, Judge. Trazet Williams appeals from the trial court’s denial of her motion for discharge and acquittal pursuant to OCGA § 17-7-170. On August 12, 1993, Williams was indicted for possession of cocaine with the intent […]

261 S.E.2d 772 ALMON v. THE STATE. 58510.Court of Appeals of Georgia.ARGUED SEPTEMBER 25, 1979. DECIDED OCTOBER 19, 1979. BANKE, Judge. The appellant was indicted for murder and found guilty of voluntary manslaughter following a trial marked by much conflicting testimony. On appeal from Page 864 the denial of his motion for new trial, he […]

206 S.E.2d 601 JONES v. THE STATE. 49118.Court of Appeals of Georgia.SUBMITTED MARCH 6, 1974. DECIDED APRIL 1, 1974. REHEARING DENIED MAY 1, 1974. EBERHARDT, Presiding Judge. Appellant was arrested by Atlanta police officers on January 25, 1973, and he was subsequently charged with the misdemeanor offense of theft by receiving stolen property of the […]

521 S.E.2d 587 LOCKE v. THE STATE. A99A0462.Court of Appeals of Georgia. DECIDED: JUNE 25, 1999 JOHNSON, Chief Judge. Saul Locke appeals from his convictions of burglary, robbery and criminal trespass. For the reasons which follow, we affirm. 1. Locke contends the trial court erred in allowing testimony regarding the victim’s pre-trial identification because the […]

471 S.E.2d 913 LUDI v. VAN METRE. A96A0530.Court of Appeals of Georgia. DECIDED MAY 21, 1996. ANDREWS, Judge. Pursuant to this court’s grant of his application for interlocutory review, Dr. Ludi appeals the trial court’s denial of his motion to dismiss in Civil Action No. E-35041, filed as a renewal action of previously dismissed Civil […]

601 S.E.2d 771 HARRISON v. DALY et al. A04A0565.Court of Appeals of Georgia. DECIDED JULY 1, 2004. MIKELL, Judge. Sandra D. Harrison appeals the orders granting summary judgment to the defendants in this medical malpractice action. We affirm because the trial court correctly ruled that the statute of limitation expired prior to the filing of […]

671 S.E.2d 266 PIONEER SECURITY AND INVESTIGATIONS, INC. v. HYATT CORPORATION et al. (two cases). Nos. A08A1435, A08A2131.Court of Appeals of Georgia. DECIDED OCTOBER 16, 2008. RECONSIDERATION DENIED DECEMBER 15, 2008. ADAMS, Judge. Pioneer Security and Investigations, Inc. won a civil jury trial, but the trial court later set aside the verdict. Pioneer filed a […]

576 S.E.2d 578 KHADIJA AMON-RA et al. v. DEPARTMENT OF TRANSPORTATION OF THE STATE OF GEORGIA A02A2107; A02A2108; A02A2109.Court of Appeals of Georgia. DECIDED: JANUARY 9, 2003 Reconsideration Denied January 28, 2003 ANDREWS, Presiding Judge. Plaintiffs sued the Department of Transportation after an automobile accident which they claimed was the result of improper road maintenance. […]

406 S.E.2d 790 BALES v. THE STATE. A91A0598.Court of Appeals of Georgia. DECIDED MAY 28, 1991. REHEARING DENIED JUNE 20, 1991. ANDREWS, Judge. Bales was charged with and initially convicted of four counts of child molestation involving his three-year-old daughter. Because he was on probation for another unrelated crime at the time of the commission […]

293 S.E.2d 366 GUY v. HOUSTON COUNTY DEPARTMENT OF FAMILY AND CHILDREN SERVICES. 64076.Court of Appeals of Georgia. DECIDED JUNE 30, 1982. QUILLIAN, Chief Judge. A deprivation petition was brought against the defendant, who was the mother and legal custodian of three minor children alleged to be deprived. After an evidentiary hearing, judgment was entered […]

173 S.E.2d 733 NOBLES v. H. W. DURHAM COMPANY, INC. et al. (two cases). 44515, 44516.Court of Appeals of Georgia. DECIDED MARCH 4, 1970. PANNELL, Judge. The judgment of this court, on appeal from the sustaining of a motion for “summary judgment” by the defendants as to the defense raising the question of venue, which […]

278 S.E.2d 702 NORTHCUTT v. THE STATE. 61143.Court of Appeals of Georgia. DECIDED MARCH 4, 1981. SHULMAN, Presiding Judge. Defendant appeals his conviction of the offense of distributing obscene materials. Finding no error warranting the grant of a new trial, we affirm. 1. Defendant argues cogently against the constitutionality of Code Ann. § 26-2101. However, […]

405 S.E.2d 82 JAMISON v. THE STATE. A90A1626.Court of Appeals of Georgia. DECIDED MARCH 12, 1991. REHEARING DENIED MARCH 29, 1991. McMURRAY, Presiding Judge. Defendant filed a motion to suppress after he was indicted for the offense of trafficking in cocaine. The evidence adduced at a hearing on the motion to suppress revealed the following: […]

181 S.E.2d 927 ALLEN v. REYNOLDS COMPANY. 45980.Court of Appeals of Georgia.ARGUED MARCH 2, 1971. DECIDED APRIL 6, 1971. EVANS, Judge. This case is controlled adversely to the appellant by the decisions of the Supreme Court in Hurst v. Starr, 226 Ga. 42 (172 S.E.2d 604) and Smith v. Sorrough, 226 Ga. 744 (177 S.E.2d […]

380 S.E.2d 87 PARSONS v. THE STATE. A89A0213.Court of Appeals of Georgia. DECIDED MARCH 16, 1989. CARLEY, Chief Judge. Police officers observed appellant operating his vehicle in an erratic manner. After stopping appellant, the officers detected a strong odor of alcohol and noticed that appellant’s eyes were bloodshot. Appellant was not, however, placed under formal […]

404 S.E.2d 635 STOTTS v. THE STATE. A90A2144.Court of Appeals of Georgia. DECIDED MARCH 12, 1991. REHEARING DENIED MARCH 27, 1991. COOPER, Judge. Appellant was convicted by a jury of trafficking in cocaine. He appeals from the denial of his motion for new trial and enumerates as error the denial of his motion to suppress. […]

279 S.E.2d 461 J. C. PENNEY COMPANY, INC. et al. v. DAVIS DAVIS, INC. ASSOCIATED BUILDING SYSTEMS, INC. et al. v. DAVIS DAVIS, INC. 61321, 61322.Court of Appeals of Georgia. DECIDED MARCH 16, 1981. REHEARING DENIED APRIL 1, 1981. SHULMAN, Presiding Judge. J. C. Penney Company, Inc. entered into a contract with Associated Building Systems, […]

115 S.E.2d 413 CROKER v. THE STATE. 38296.Court of Appeals of Georgia. DECIDED JUNE 1, 1960. TOWNSEND, Judge. 1. While the amount of corroborative extraneous evidence necessary to connect the accused with the commission of the offense lies, where there is any evidence effective for this purpose, peculiarly within the province of the jury, and […]

501 S.E.2d 602 CALLOWAY v. THE STATE. A98A0444.Court of Appeals of Georgia. DECIDED APRIL 15, 1998. ANDREWS, Chief Judge. Larry Dean Calloway appeals from denial of his motion for new trial after conviction of aggravated assault, possession of a firearm by a convicted felon, carrying a pistol without a license, and discharging a firearm on […]

189 S.E.2d 875 CAUDLE et al. v. WHIDDON et al. 46977.Court of Appeals of Georgia.SUBMITTED MARCH 1, 1972. DECIDED APRIL 3, 1972. HALL, Presiding Judge. In an action for damages to a water supply from a leaking underground gasoline pipeline, Page 22 the defendant service station owners appeal from the grant of summary judgment to […]

304 S.E.2d 916 QUICK v. THE STATE. 65538.Court of Appeals of Georgia. DECIDED APRIL 7, 1983. REHEARING DENIED MAY 2, 1983. BIRDSONG, Judge. Appellant was tried and convicted of aggravated sodomy, public indecency, and two counts of aggravated assault arising from three separate incidents occurring in December 1981. He was acquitted of a kidnapping charge […]

6 S.E.2d 102 LASSITER v. THE STATE. 27764.Court of Appeals of Georgia. DECIDED DECEMBER 1, 1939. PER CURIAM. The evidence supported the verdict. The special assignments of error are without merit. Judgment affirmed. Broyles, C. J., and MacIntyre, J., concur. Guerry, J., dissents. DECIDED DECEMBER 1, 1939. Manslaughter; from Worth superior court — Judge Eve. […]

389 S.E.2d 558 WALKER et al. v. MODNAR CORPORATION. A89A1027.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1989. REHEARING DENIED DECEMBER 20, 1989. POPE, Judge. Appellee Modnar Corporation leased seven minibuses to MTW Enterprises, Inc. Appellants Pamela Li Walker and Larry Walker, officers of MTW, personally guaranteed the leases. MTW defaulted and Modnar repossessed the […]

228 S.E.2d 312 LATEX FILLER CHEMICAL COMPANY, INC. et al. v. CHAPMAN. 52221.Court of Appeals of Georgia.ARGUED JUNE 7, 1976. DECIDED JULY 2, 1976. REHEARING DENIED JULY 20, 1976. CLARK, Judge. The sole question presented by this appeal is whether a pending tort claim against a master based on the doctrine of respondent superior acts […]

420 S.E.2d 810 CA-SHAR, INC. v. McKESSON CORPORATION. A92A1759.Court of Appeals of Georgia. DECIDED JULY 9, 1992. SOGNIER, Chief Judge. On May 11, 1992, Ca-Shar, Inc. filed this direct appeal from the trial court’s order of April 10, 1992 granting summary judgment in favor of McKesson Corporation “in the amount of $9,719.93 plus interest after […]

190 S.E.2d 123 LEWIS v. THE STATE. 46804.Court of Appeals of Georgia.SUBMITTED JANUARY 3, 1972. DECIDED APRIL 7, 1972. REHEARING DENIED APRIL 21, 1972. 1. The motion to dismiss the appeal is denied. 2 (a), 3, 4. None of the enumerations of error taken up in these divisions of the opinion has any merit. 2. […]

490 S.E.2d 544 PAINTER et al. v. THE STATE. A97A1688.Court of Appeals of Georgia. DECIDED JULY 31, 1997. POPE, Presiding Judge. Pursuant to this court’s grant of their interlocutory application, Russell Painter and Theresa “Tracy” Pruitt appeal the superior court’s denial of their motion to suppress. Concluding that Officer Ashcraft lacked a particularized and objective […]

409 S.E.2d 239 FOUNTAIN et al. v. ATLANTA CASUALTY COMPANY. A91A0353.Court of Appeals of Georgia. DECIDED JUNE 28, 1991. RECONSIDERATION DENIED JULY 25, 1991. COOPER, Judge. Appellee issued an insurance policy to appellants, Stanley and Marsha Fountain, containing a named driver exclusion agreement, which provided that all coverages except personal injury protection (“PIP”) were not […]

271 S.E.2d 731 STATE OF GEORGIA v. SUN OK CURL et al. 59873.Court of Appeals of Georgia.SUBMITTED MAY 7, 1980. DECIDED SEPTEMBER 8, 1980. SMITH, Judge. The judgment is affirmed in accordance with Court of Appeals Rule 36. Judgment affirmed. McMurray, P. J., and Banke, J., concur. SUBMITTED MAY 7, 1980 — DECIDED SEPTEMBER 8, […]

465 S.E.2d 281 HOWARD v. THE STATE. A95A1749.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1995 — RECONSIDERATION DENIED NOVEMBER 30, 1995 — CERT. APPLIED FOR. BEASLEY, Chief Judge. On December 10, 1994, Howard was charged with driving under the influence of alcohol to the extent it was less safe to drive, OCGA § 40-6-391 […]

264 S.E.2d 578 GODBEE v. THE STATE. 59011.Court of Appeals of Georgia.SUBMITTED NOVEMBER 20, 1979. DECIDED JANUARY 18, 1980. QUILLIAN, Presiding Judge. Defendant was charged in a two-count indictment with having, on November 27, 1972, assaulted Rebecca D. Knighton with the intent to rob her (Count 2), and further with having robbed her of a […]

521 S.E.2d 844 SKILLERN v. THE STATE. A99A1417.Court of Appeals of Georgia. DECIDED: AUGUST 27, 1999. McMURRAY, Presiding Judge. Defendant Warren Roland Skillern, a/k/a Warren Roland McWain was charged in an indictment with enticing a child for indecent purposes (Count I), child molestation (Count 2), two counts of aggravated child molestation (Counts 3 and 4), […]

289 S.E.2d 826 DEPARTMENT OF BANKING FINANCE OF THE STATE OF GEORGIA v. INDEPENDENT INSURANCE AGENTS OF GEORGIA, INC. et al. 61178.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1982. CARLEY, Judge. In Department of Banking Finance v. Independent Ins. Agents, 158 Ga. App. 556 (281 S.E.2d 265) (1981), this court reversed the judgment of […]

298 S.E.2d 625 WALKER v. THE STATE. 64755.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1982. CARLEY, Judge. Appellant was indicted for burglary and convicted of criminal trespass. The sole enumeration of error is that the trial court erred in its charge on good character. Appellant concedes that, as given, the first part of the […]

492 S.E.2d 590 IN RE R. F. T. A97A2425.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1997. ELDRIDGE, Judge. This is an appeal from an adjudication of delinquency. Appellant is a student at Heritage High School in Rockdale County. At the time of the incident in question, she was on “indefinite” juvenile probation for a […]

274 S.E.2d 746 CANNON et al. v. RITHMIRE. 60389.Court of Appeals of Georgia.ARGUED SEPTEMBER 8, 1980. DECIDED NOVEMBER 7, 1980. BIRDSONG, Judge. The plaintiffs Cannon sued Rithmire for damages arising from an automobile collision. The evidence showed that Mr. Cannon, his wife and two grandchildren were traveling south on a four-lane highway, in the inside […]

141 S.E.2d 206 BARKER v. FEDERATED LIFE INSURANCE COMPANY. 41127.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 1965. An insurer cannot recover the payment of a claim made by mistake without showing a valid reason for failing to ascertain the truth. DECIDED FEBRUARY 9, 1965. Action on insurance policy. Athens City Court. Before Judge Oldham. […]

413 S.E.2d 247 STULDIVANT v. THE STATE. A91A1389.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1991. CARLEY, Presiding Judge. Appellant was tried before a jury and found guilty of robbery. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s verdict of guilt. 1. The State called as […]

612 S.E.2d 83 PIRKLE v. ROBSON CROSSING, LLC et al. A04A1975.Court of Appeals of Georgia. DECIDED MARCH 17, 2005. RUFFIN, Chief Judge. In this trip and fall static defect case, Rebecca Pirkle sued three defendants, Robson Crossing, LLC (the owner of Robson Crossing shopping center in Hall County), The Sembler Company (the developer and manager […]

327 S.E.2d 566 McGEE v. THE STATE. 69551.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1985. BENHAM, Judge. Appellant was convicted of burglary, rape, armed robbery, theft by taking, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a crime. He now raises several alleged errors, none […]

245 S.E.2d 857 PHINAZEE v. BOSTON OLD COLONY INSURANCE COMPANY et al. 54961.Court of Appeals of Georgia.ARGUED JANUARY 3, 1978. DECIDED APRIL 25, 1978. REHEARING DENIED JUNE 12, 1978. SMITH, Judge. In this workmen’s compensation case, we affirm the superior court judgment remanding the case to the board of workmen’s compensation for further consideration, there […]

172 S.E.2d 655 UNITED FIRE INSURANCE COMPANY v. PAYNE. 44874.Court of Appeals of Georgia.ARGUED NOVEMBER 3, 1969. DECIDED JANUARY 8, 1970. BELL, Chief Judge. Plaintiff brought this action to recover for a fire loss on a house owned by him allegedly covered under the terms of a fire insurance policy. The loss occurred on January […]

127 S.E.2d 836 BROMLEY v. BROMLEY. 39573.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 1962. 1. (a) The use of words of sale in a security instrument transferring title to personal property to the creditor makes the instrument a bill of sale to secure debt and not a pledge. (b) Demand by the creditor for […]

702 S.E.2d 454 FIFE v. THE STATE. No. A10A1263.Court of Appeals of Georgia. DECIDED OCTOBER 13, 2010. ADAMS, Judge. David Fife appeals his conviction of molesting a four-year-old girl. He contends the evidence was insufficient to support the jury’s verdict and that the trial court erred by admitting as evidence his statement to police. 1. […]

444 S.E.2d 117 McMILLAN et al. v. GAY et al. A94A0977.Court of Appeals of Georgia. DECIDED MAY 4, 1994. BLACKBURN, Judge. The appellants, Millen Fish Company (Millen), and its president, David McMillan, brought the instant action for damages against appellees Carroll Gay, Jr., and Truck Aid Insurance Agency (Truck Aid), Gay’s insurance agency, based upon […]

23 S.E.2d 497 GLENS FALLS INDEMNITY CO. v. DEMPSEY. 29680.Court of Appeals of Georgia. DECIDED DECEMBER 2, 1942. REHEARING DENIED DECEMBER 17, 1942. Where a sheriff and his deputy, without a search warrant, which fact is known to the plaintiff, entered the plaintiff’s home, stating that they were looking for the plaintiff’s brother who had […]

679 S.E.2d 63 WYATT PROCESSING, LLC v. BELL IRRIGATION, INC. No. A09A0214.Court of Appeals of Georgia. DECIDED MAY 19, 2009. SMITH, Presiding Judge. Wyatt Processing, LLC appeals the trial court’s order finding it in contempt of an order compelling post-judgment discovery. Given the trial court’s broad discretion in controlling discovery and enforcing compliance through its […]

418 S.E.2d 412 GRAY v. THE STATE. A92A0816.Court of Appeals of Georgia. DECIDED APRIL 21, 1992. McMURRAY, Presiding Judge. Via indictment, defendant was charged with two counts of selling cocaine. He was convicted upon one of the two counts and sentenced to serve 30 years in the penitentiary. This appeal follows the denial of defendant’s […]

428 S.E.2d 450 ROBBINS v. THE STATE. A92A2393.Court of Appeals of Georgia. DECIDED MARCH 1, 1993. BLACKBURN, Judge. Pearl Lue Robbins was convicted by a jury of making harassing telephone calls in violation of OCGA § 16-11-39 (4). She appeals from the judgment entered on the jury’s verdict. 1. Appellant first contends the record does […]

603 S.E.2d 530 CURRY v. THE STATE. A04A1047.Court of Appeals of Georgia. DECIDED AUGUST 18, 2004. ADAMS, Judge. Terrell Curry appeals his felony conviction of robbery by sudden snatching. He admits he took money but contends that his crime was theft by taking, which in this case would have been a misdemeanor. 1. Curry first […]

307 S.E.2d 138 DOWDY v. PALMOUR. McDONALD v. PALMOUR. 63989, 63990.Court of Appeals of Georgia. DECIDED JULY 12, 1983. BIRDSONG, Judge. The decision of this court in the above-styled case (Dowdy v. Palmour, 164 Ga. App. 804 (298 S.E.2d 521)), having been reversed by the Supreme Court on certiorari (Dowdy v. Palmour, 251 Ga. 135 […]

262 S.E.2d 644 KICKLIGHTER v. THE STATE. 58376.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 10, 1979. DECIDED OCTOBER 22, 1979. SMITH, Judge. Appellant chose to represent himself at trial and was convicted upon one of two burglary charges. Again refusing appointment of the public defender, appellant appeals pro se. Finding merit in none of his contentions, […]

638 S.E.2d 760 Z Y CORPORATION v. INDORE C. STORES, INC. No. A06A1152.Court of Appeals of Georgia. DECIDED OCTOBER 13, 2006. RECONSIDERATION DENIED NOVEMBER 1, 2006. ELLINGTON, Judge. This appeal arises from a dispute over the sale of a service station, the parcel of land on which it was located, and an adjoining parcel of […]

626 S.E.2d 152 PARKER v. THE STATE. A05A1608.Court of Appeals of Georgia. DECIDED JANUARY 9, 2006. ANDREWS, Presiding Judge. Antonio Parker appeals from the judgment entered after a jury found him guilty of trafficking in cocaine. Parker claims that there was insufficient evidence to support the verdict, that the trial court erred in revoking his […]

677 S.E.2d 312 CAMPBELL v. THE STATE. No. A08A2188.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 2009. RECONSIDERATION DENIED APRIL 8, 2009. BARNES, Judge. Kenneth Lee Campbell appeals his convictions for felony involuntary manslaughter and possession of a knife during the commission of a crime. Campbell contends the trial court erred by denying his request […]

556 S.E.2d 215 THE COLUMBUS CLINIC, P.C. v. LISS. A01A1147.Court of Appeals of Georgia. DECIDED: NOVEMBER 6, 2001 SMITH, Presiding Judge. In this action brought by the Columbus Clinic, P.C., against Dr. Jonathan Liss, a physician and former employee/shareholder, the clinic appeals from the grant of partial summary judgment to Liss on the issue of […]

518 S.E.2d 484 BIBB COUNTY, GEORGIA v. SHORT. A99A0654.Court of Appeals of Georgia. DECIDED: MAY 26, 1999. BARNES, Judge. Bibb County appeals a superior court decision granting Ricky Short’s workers’ compensation claim. Short sought benefits for a psychological impairment he attributed to a physical injury sustained on the job, and the administrative law judge (ALJ) […]

483 S.E.2d 383 MOORE v. MEEKS. A96A1631.Court of Appeals of Georgia. DECIDED MARCH 7, 1997. ANDREWS, Chief Judge. David Moore appeals from the trial court’s order granting Ted Meeks’ motion for summary judgment on Moore’s claims of negligent construction, breach of implied warranty, passive concealment and fraud in the purchase of a house Meeks built […]

168 S.E.2d 895 HUFFAKER v. THE STATE. 44432.Court of Appeals of Georgia.SUBMITTED APRIL 9, 1969. DECIDED MAY 1, 1969. REHEARING DENIED MAY 22, 1969. DEEN, Judge. 1. Our Constitution (Art. I, Sec. I, Par. V; Code Ann. § 2-105) requires that every person charged with crime shall on demand made previously to arraignment be furnished […]

290 S.E.2d 143 CARTER v. THE STATE. 63365.Court of Appeals of Georgia. DECIDED APRIL 6, 1982. SHULMAN, Presiding Judge. Appellant was found guilty of two counts of aggravated assault on a police officer. He now asserts the general grounds and maintains Page 45 that the trial court failed to adequately instruct the jury regarding the […]

348 S.E.2d 709 BRAY v. HOUSTON COUNTY. 72631.Court of Appeals of Georgia. DECIDED SEPTEMBER 2, 1986. POPE, Judge. James E. Bray, Jr., filed suit against Houston County seeking judgment for damage and loss of use of his vehicle occurring while he was serving as a volunteer member of the Houston County Emergency Management Team, which […]

405 S.E.2d 739 WILLIS v. THE STATE. A91A0317.Court of Appeals of Georgia. DECIDED MAY 6, 1991. COOPER, Judge. Defendant was convicted by a jury of possession of cocaine with intent to distribute and appeals the denial of his motion for new trial. The evidence shows that Officer Diane Oliver had received several complaints about persons […]

526 S.E.2d 646 ODOM v. THE STATE. A99A2297.Court of Appeals of Georgia. DECIDED: DECEMBER 8, 1999. BLACKBURN, Presiding Judge. Bobby Odom appeals his conviction, following a jury trial, for incest, child molestation, and the statutory rape of his minor daughter, contending that the trial court erred by (1) admitting character evidence against him regarding altercations […]

103 S.E.2d 175 WHITAKER et al. v. CREEDON; and vice versa. 36942, 36943.Court of Appeals of Georgia. DECIDED MARCH 14, 1958. 1. (a) Where the purpose for which money has been advanced has failed or has been accomplished, the person advancing such money is entitled to the return of the money and may maintain an […]

389 S.E.2d 7 FULLER v. MAYOR ALDERMEN OF SAVANNAH. A89A1432.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1989. REHEARING DENIED NOVEMBER 29, 1989. BEASLEY, Judge. In June 1980, Fuller d/b/a Party Time Production entered into an agreement with the Mayor and Aldermen of the City of Savannah to lease the Savannah Civic Convention Center for […]

299 S.E.2d 102 DAVIS v. WILLIAMS. 65156.Court of Appeals of Georgia. DECIDED JANUARY 4, 1983. QUILLIAN, Presiding Judge. This is an appeal from a jury verdict and judgment for plaintiff-appellee Williams in an action to settle a disputed boundary line. The parties are owners of adjoining small acreages and both claim ownership of a disputed […]