Category: Georgia Court of Appeals Opinions

655 S.E.2d 675 RAMEY v. THE STATE. No. A07A1992.Court of Appeals of Georgia. DECIDED DECEMBER 7, 2007. BARNES, Chief Judge. James Vernon Ramey was convicted of selling methamphetamine and of possessing it with intent to distribute. He appeals his conviction for the sale of methamphetamine, contending the trial court erred in denying his motion for […]

251 S.E.2d 309 GEORGIA STATE TELEPHONE COMPANY v. SCARBORO et al. 56353.Court of Appeals of Georgia.ARGUED SEPTEMBER 11, 1978. DECIDED OCTOBER 30, 1978. REHEARINGS DENIED NOVEMBER 16 AND DECEMBER 7, 1978. BANKE, Judge. The appellant, Georgia State Telephone Company, contracted with appellee Scarboro for the construction of manholes and the laying of telephone cable. While […]

648 S.E.2d 680 THE STATE v. McCLENDON. No. A07A0545.Court of Appeals of Georgia. DECIDED JUNE 22, 2007. RUFFIN, Judge. Luther McClendon was charged with possessing methamphetamine. The trial court granted his motion to suppress the drugs seized from him. The State appeals; however, it has failed to file an enumeration of errors, either separately or […]

372 S.E.2d 483 SMITH v. THE STATE. 76589.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1988. BENHAM, Judge. Appellant was convicted of homicide by vehicle in the second degree. Page 209 OCGA § 40-6-393 (b). On appeal he takes issue with an instruction given the jury by the trial court during appellant’s closing argument. During […]

418 S.E.2d 110 THE STATE v. STEWART et al. A92A0043.Court of Appeals of Georgia. DECIDED APRIL 7, 1992. SOGNIER, Chief Judge. Tom and Brenda Stewart were indicted for the arson of their business premises. The trial court granted their motion to suppress evidence seized during a warrantless search of a mini-warehouse, and this court affirmed […]

92 S.E.2d 840 BAKER et al. v. JENNINGS. 36056.Court of Appeals of Georgia. DECIDED APRIL 4, 1956. REHEARING DENIED APRIL 19, 1956. NICHOLS, J. 1. There is no procedure authorizing a claim to be filed in a trover case, but where such procedure is followed in the trial court without any objection on the part […]

307 S.E.2d 66 FRANKLIN v. COLLINS et al. 66531.Court of Appeals of Georgia. DECIDED JULY 13, 1983. REHEARING DENIED JULY 27, 1983. McMURRAY, Presiding Judge. This case involves a tort action in which plaintiff’s case is against Joe B. Collins, Sr. (the father) and Dwain Collins (the son). Plaintiff contends Dwain Collins shot her with […]

477 S.E.2d 887 APPLEBY v. MERASTAR INSURANCE COMPANY. A96A1353.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1996. CERT. APPLIED FOR. RUFFIN, Judge. Margaret Appleby sued her homeowners insurance carrier, Merastar Insurance Company (“Merastar”), alleging that it failed to pay for a loss she suffered when her home was burglarized. Merastar moved for summary judgment on […]

118 S.E.2d 869 CARMICHAEL TILE COMPANY v. SUMMITVILLE TILES, INC. 38589.Court of Appeals of Georgia. DECIDED MARCH 10, 1961. “Where there is no conflict in the evidence, and that introduced, with all reasonable deductions or inferences therefrom, shall demand a particular verdict, the court may direct the jury to find for the party entitled thereto.” […]

324 S.E.2d 758 BARWICK v. GENERAL AMERICAN LIFE INSURANCE COMPANY. 68800.Court of Appeals of Georgia. DECIDED NOVEMBER 20, 1984. REHEARING DENIED DECEMBER 4, 1984. McMURRAY, Chief Judge. In 1977, defendant issued a group policy of insurance to a law firm. At that time, Barwick was a partner in the law firm and became an insured […]

207 S.E.2d 547 HUTCHESON v. CITY OF JESUP. 49248.Court of Appeals of Georgia.ARGUED APRIL 1, 1974. DECIDED MAY 1, 1974. REHEARING DENIED JUNE 12, 1974. CLARK, Judge. This appeal is another of the progeny stemming from Town of Fort Oglethorpe v. Phillips, 224 Ga. 834 (165 S.E.2d 141, 34 ALR3d 1002) wherein malfunction of a […]

141 S.E.2d 786 NORGE SALES CORPORATION v. BAKER. 41139.Court of Appeals of Georgia. DECIDED MARCH 19, 1965. RUSSELL, Judge. 1. (a) The lessee of premises for five years or more has such an estate in property that he may sublease the property without the consent of the lessor, unless the lease contains a covenant to […]

57 S.E.2d 288 EDENFIELD v. STATE OF GEORGIA. 32765.Court of Appeals of Georgia. DECIDED JANUARY 6, 1950. 1-3 (a) An affidavit of illegality must set up facts, and not mere conclusions and generalities. (b) A bill of exceptions to this court does not act as a supersedeas in civil cases unless lawful provision therefor is […]

391 S.E.2d 32 BROWN et al. v. DEPARTMENT OF TRANSPORTATION. A89A1955.Court of Appeals of Georgia. DECIDED FEBRUARY 14, 1990. McMURRAY, Presiding Judge. Dissatisfied with the verdict and judgment in this eminent domain proceeding, condemnees appealed. Held: 1. Condemnees contend (1) the trial court improperly commented upon the evidence upon numerous occasions in violation of OCGA […]

282 S.E.2d 410 SUTTON v. THE STATE. 62050.Court of Appeals of Georgia. DECIDED JUNE 17, 1981. DEEN, Presiding Judge. Otis Sutton appeals from his conviction of inciting a riot asserting the general grounds. Held: The evidence showed that two police officers arrested a man at a bar, The Cabin in the Pines, on a drug […]

433 S.E.2d 363 WINTERS v. RELIANCE STANDARD LIFE INSURANCE COMPANY. A93A0264.Court of Appeals of Georgia. DECIDED JUNE 23, 1993. RECONSIDERATION DENIED JULY 9, 1993. SMITH, Judge. Appellant-plaintiff’s wife was insured pursuant to a group accident and life insurance policy issued by Reliance Standard Life Insurance Company (Reliance), and Mr. Winters was her designated beneficiary. When […]

148 S.E.2d 464 ZURICH INSURANCE COMPANY et al. v. HIGHTOWER et al. 41863.Court of Appeals of Georgia.ARGUED MARCH 7, 1966. DECIDED APRIL 20, 1966. The award of compensation to the widow and minor children, claimants, does not show that it was based on an erroneous theory of law. It was authorized by the evidence, and […]

360 S.E.2d 924 DEPARTMENT OF TRANSPORTATION v. COLEY et al. 74536.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1987. POPE, Judge. On July 26, 1985 appellant Department of Transportation (DOT) filed its declaration of taking to acquire .007 acres of land, a temporary construction easement, a permanent drainage easement and limited access rights from lands […]

444 S.E.2d 100 COLLINS v. C. W. MATTHEWS CONTRACTING COMPANY, INC. A94A0776.Court of Appeals of Georgia. DECIDED APRIL 13, 1994. RECONSIDERATION DENIED MAY 2, 1994. ANDREWS, Judge. In his capacity as Commissioner of the State Department of Revenue, Collins issued an assessment of local use taxes against C. W. Matthews Contracting Company, Inc. (Matthews), which […]

157 S.E.2d 771 NAIL v. HIERS. 43047.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 12, 1967. DECIDED OCTOBER 2, 1967. REHEARING DENIED OCTOBER 17, 1967. JORDAN, Presiding Judge. This is an action commenced in the City Court of Ludowici for personal injuries and property damage. An automobile operated by the defendant, Dewey Nail, struck the rear end […]

126 S.E.2d 452 WHEELING v. THE STATE. 39551.Court of Appeals of Georgia. DECIDED JUNE 21, 1962. NICHOLS, Presiding Judge. On December 5, 1961, the defendant was sentenced for possessing beer as follows: “Whereupon it is ordered by the court that the defendant be confined at work in the prison for women or elsewhere, as the […]

659 S.E.2d 676 HENRY COUNTY v. RJR MANAGEMENT ONE, LLC. No. A07A2087.Court of Appeals of Georgia. DECIDED MARCH 11, 2008. PHIPPS, Judge. Henry County petitioned to condemn 0.194 acres of land owned by RJR Management One, LLC for a public road pursuant to OCGA § 32-3-4. A jury awarded RJR $300,000 as just and adequate […]

229 S.E.2d 802 SOUTH v. THE STATE. 52823.Court of Appeals of Georgia.SUBMITTED OCTOBER 4, 1976. DECIDED OCTOBER 14, 1976. SMITH, Judge. The defendant was convicted of motor vehicle theft. He appeals the judgment of conviction and the overruling of his motion for new trial. The evidence shows that a truck was reported stolen to the […]

498 S.E.2d 537 KITFIELD ET AL. v. HENDERSON, BLACK GREENE ET AL. A97A1717.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1998 — RECONSIDERATION DENIED MARCH 12, 1998 — CERT, APPLIED FOR. ANDREWS, Chief Judge. David B. Kitfield, Inc. and David B. Kitfield (Kitfield) appeal from the trial court’s grant of summary judgment to Henderson, Black […]

706 S.E.2d 623 REESE v. THE STATE. No. A10A1882.Court of Appeals of Georgia. DECIDED MARCH 1, 2011. BARNES, Presiding Judge. A jury found Michael Reese guilty of burglary and misdemeanor theft by taking. Reese appeals from the denial of his motion for a new trial, challenging the sufficiency of the evidence. We affirm. On appeal […]

248 S.E.2d 7 WARD v. VENTURE INDUSTRIES, INC. 55701.Court of Appeals of Georgia.SUBMITTED APRIL 6, 1978. DECIDED JULY 13, 1978. REHEARING DENIED JULY 31, 1978. McMURRAY, Judge. Plaintiff brought this action for breach of employment, negligence, fraud and deceit against defendant corporation and against one Doyle, the president and majority stockholder of the corporate defendant. […]

50 S.E.2d 154 TAFF v. LIFE INSURANCE COMPANY OF GEORGIA. 32082.Court of Appeals of Georgia. DECIDED NOVEMBER 6, 1948. “In order for the master to be liable for torts committed by his servant, the tort-feasor must either have acted by command of the master or the tortious act must have been perpetrated in the prosecution […]

469 S.E.2d 501 FARR v. TRUST COMPANY BANK OF SAVANNAH, N. A. A95A2338Court of Appeals of Georgia. DECIDED MARCH 4, 1996 BLACKBURN, Judge. Nancy Farr brought the underlying defamation action against Bud’s Wholesale[1] and Trust Company Bank of Savannah, N. A. (Trust Company) to recover damages allegedly sustained upon being wrongfully prosecuted on a check […]

278 S.E.2d 480 MADDOX v. THE STATE. 61244.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1981. BIRDSONG, Judge. Lorenzo Maddox makes this appeal after a restitution hearing, which was held following his plea of guilty to burglary. He contends the trial court erred in permitting a lay witness (the victim and owner of the stolen […]

661 S.E.2d 221 WILSON v. THE STATE. No. A08A0014.Court of Appeals of Georgia. DECIDED APRIL 11, 2008. MIKELL, Judge. In a twelve-count indictment, Cedric Wilson was charged with armed robbery (Counts 1 and 2), aggravated assault (Counts 3 and 4), kidnapping (Counts 5 and 6), burglary (Count 7), entering an automobile (Count 8), two weapons […]

24 S.E.2d 139 WARE v. THE STATE. 29928.Court of Appeals of Georgia. DECIDED JANUARY 28, 1943. BROYLES, C. J. The defendant was convicted in the criminal court of Fulton County of operating a lottery, known as the “number game,” the judge presiding without a jury. The evidence amply authorized the judgment. The judge of the […]

297 S.E.2d 322 CHAPMAN v. THE STATE. 64756.Court of Appeals of Georgia. DECIDED NOVEMBER 12, 1982. REHEARING DENIED DECEMBER 6, 1982. DEEN, Presiding Judge. Lillie Chapman was convicted of fraud in obtaining public assistance and appeals following the denial of her motion for a new trial. 1. Appellant first contends that the trial court erred […]

627 S.E.2d 913 FARLEY v. HAWKINS et al. A06A0214.Court of Appeals of Georgia. DECIDED MARCH 3, 2006. ADAMS, Judge. Joshua Kyle Farley, Sr., the biological father of I.C.C. and J.K.F., appeals an order terminating his parental rights that arose out of a petition to adopt the children. In his sole enumeration of error, he essentially […]

370 S.E.2d 1 NEBBITT et al. v. THE STATE. 75799.Court of Appeals of Georgia. DECIDED MAY 4, 1988. REHEARING DENIED MAY 27, 1988. BEASLEY, Judge. Co-defendants Nebbitt and Fornlow appeal their convictions and sentences for burglary, OCGA § 16-7-1, and the denial of their motion for new trial. Appellants and a third defendant, now deceased, […]

387 S.E.2d 383 OSBORNE v. THE STATE. A89A1300.Court of Appeals of Georgia. DECIDED OCTOBER 6, 1989. REHEARING DENIED OCTOBER 24, 1989. BANKE, Presiding Judge. Osborne appeals his conviction of possession of marijuana with intent to distribute. Upon receiving information from an informant that the appellant was dealing in marijuana, Captain Wheeler of the Douglas County […]

23 S.E.2d 466 NORRIS v. THE STATE. 29719.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1942. The evidence supported the verdict of voluntary manslaughter, and none of the special grounds of the motion for new trial discloses reversible error. The court did not err in overruling the motion. DECIDED DECEMBER 4, 1942. Voluntary manslaughter; from […]

678 S.E.2d 128 COTTON v. THE STATE. No. A09A0240.Court of Appeals of Georgia. DECIDED MAY 1, 2009. MILLER, Chief Judge. A jury convicted William Andrew Cotton of one count of possession of cocaine with intent to distribute (OCGA § 16-13-30 (b)) and one count of obstructing or hindering law enforcement officers (OCGA § 16-10-24). Cotton […]

120 S.E.2d 628 BRAY v. WESTINGHOUSE ELECTRIC CORPORATION et al. 38848.Court of Appeals of Georgia. DECIDED JUNE 1, 1961. Where the issue of the liability of defendant Westinghouse Electric Corporation for personal injuries to plaintiff was adjudicated in the negative by this court in an action by plaintiff’s wife for damages for loss of consortium, […]

168 S.E.2d 886 O’LEARY v. SMITH. 44313.Court of Appeals of Georgia.SUBMITTED MARCH 3, 1969. DECIDED MAY 9, 1969. REHEARING DENIED JUNE 4, 1969. Since the Supreme Court transferred the case sub judice to this court there was no valid constitutional attack made on statutory provisions which are controlling. Under the construction our courts have placed […]

377 S.E.2d 722 POUNDS v. THE STATE. 77478.Court of Appeals of Georgia. DECIDED JANUARY 9, 1989. POPE, Judge. Defendant Johnnie Pounds appeals from his conviction and sentence for the offense of armed robbery. 1. Defendant first contends that the trial court erred in admitting his confession into evidence because it was induced by hope of […]

90 S.E.2d 78 FOURTH NATIONAL BANK OF COLUMBUS v. HOWELL, Sheriff, et al. 35907.Court of Appeals of Georgia. DECIDED OCTOBER 17, 1955. REHEARING DENIED NOVEMBER 4, 1955. 1. Under the fact of this case, the vice-president of the bank, not a stockholder therein, was not disqualified in his capacity as a notary public to attest […]

250 S.E.2d 58 F. G. INSURANCE UNDERWRITERS, INC. et al. v. RAINES. 56364.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1978. DECIDED OCTOBER 23, 1978. QUILLIAN, Presiding Judge. 1. This is an appeal from a judgment of the superior court which affirmed an award of the State Board of Workers’ Compensation (changed from State Board of […]

410 S.E.2d 137 BURTON v. JOHN THURMOND CONSTRUCTION COMPANY, INC. A91A0791.Court of Appeals of Georgia. DECIDED SEPTEMBER 3, 1991. ANDREWS, Judge. Burton sued John Thurmond Construction Company, Inc. (the Company) for the alleged breach of a written employment contract employing him as general manager for the Company. At the close of Burton’s case, the trial […]

184 S.E.2d 194 GREEN v. THE STATE. 46479.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 17, 1971. DECIDED SEPTEMBER 28, 1971. HALL, Presiding Judge. Defendant appeals from his convictions for selling narcotics and from the denial of his motion for a new trial. In two separate indictments defendant was charged with violating the Uniform Narcotic Drug Act […]

361 S.E.2d 510 IN THE INTEREST OF A. W. G. 74590.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1987. REHEARING DENIED SEPTEMBER 29, 1987. POPE, Judge. A. W. G., a juvenile, appeals the juvenile court’s denial of his motion to dismiss the petition charging him with the offense of criminal trespass. 1. A. W. G. […]

580 S.E.2d 682 DANIEL v. THE STATE. A03A0071.Court of Appeals of Georgia. Decided April 4, 2003 BARNES, Judge. James Henry Daniel appeals his conviction for trafficking in cocaine, contending that the trial court erred in denying his motion to suppress evidence of the drugs that were found in his car. Finding no error, we affirm. […]

678 S.E.2d 220 SANDERS et al. v. GRAVES. No. A09A1133.Court of Appeals of Georgia. DECIDED MAY 12, 2009. ANDREWS, Presiding Judge. On appeal from the trial court’s order enforcing a settlement agreement with his former girlfriend and business partner, Donald Sanders argues that no agreement was reached. We disagree and affirm. In Georgia, settlement agreements […]

66 S.E.2d 775 STATE HIGHWAY DEPARTMENT v. HOLLOWAY. 33689.Court of Appeals of Georgia. DECIDED SEPTEMBER 12, 1951. FELTON, J. Where, in a land-condemnation proceeding, the decision of the court complained of was rendered on April 14, 1951, and the bill of exceptions assigning error thereon was rendered to the court for certification on May 11, […]

163 S.E.2d 437 RUBEL BAKING COMPANY v. LEVITT. 43811.Court of Appeals of Georgia.ARGUED JULY 3, 1968. DECIDED SEPTEMBER 3, 1968. DEEN, Judge. This is an appeal from the denial of plaintiff’s motion for summary judgment which is reviewable by reason of the certificate of the trial court under Code Ann. § 81A-156 (h). Levitt, the […]

36 S.E.2d 370 FLOYD v. THE STATE. 31090.Court of Appeals of Georgia. DECIDED DECEMBER 5, 1945. GARDNER, J. The defendant was indicted for murder and convicted of voluntary manslaughter. The assignments of error here are on the general grounds only. We have read the evidence very carefully and have sought earnestly to apply the conclusions […]

231 S.E.2d 137 BUSBEE v. GEORGIA DEPARTMENT OF HUMAN RESOURCES et al. 53049.Court of Appeals of Georgia.ARGUED NOVEMBER 2, 1976. DECIDED NOVEMBER 8, 1976. WEBB, Judge. We previously remanded this case with direction that the juvenile court vacate an earlier judgment terminating the parental rights of the father of this juvenile girl, and directed the […]

564 S.E.2d 821 FRIESON v. SOUTH FULTON MEDICAL CENTER et.al. A02A0378.Court of Appeals of Georgia. DECIDED: MAY 1, 2002 SMITH, Presiding Judge. In this medical malpractice action, Betty Ann Frieson appeals from the trial court’s dismissal of her complaint against all defendants on the ground that she failed to file an expert affidavit. We find […]

673 S.E.2d 338 ANDERSON v. BENTON. No. A08A1718.Court of Appeals of Georgia. DECIDED FEBRUARY 9, 2009. DOYLE, Judge. Christopher Shawn Anderson appeals from the trial court’s order denying his motion to enforce a settlement agreement between him and Enga P. Benton. Anderson also appeals the trial court’s order granting partial summary judgment to Benton as […]

12 S.E.2d 119 BELL v. GILL et al. 28460.Court of Appeals of Georgia. DECIDED NOVEMBER 27, 1940. Where a suit brought by a wife against her husband for divorce and alimony, and for recovery of attorney’s fees as part of the expenses of litigation, has been instituted in the superior court, and before the rendition […]

711 S.E.2d 314 CURRY v. THE STATE. A10A2212.Court of Appeals of Georgia. DECIDED MARCH 30, 2011. RECONSIDERATION DENIED APRIL 14, 2011 SMITH, Presiding Judge. A jury found Patricia Curry guilty of possession of cocaine with intent to distribute, possession of a firearm during the commission of a crime, and possession of a firearm by a […]

11 S.E.2d 102 AUSTIN v. CARY et al. 28552.Court of Appeals of Georgia. DECIDED OCTOBER 16, 1940. FELTON, J. A petition at common law, filed by an employee against a contractor and a subcontractor, seeking to recover “compensation” for an injury to the employee, not alleged to have been due to the negligence of either […]

149 S.E.2d 850 MOSES v. CHAPMAN. 41926.Court of Appeals of Georgia.ARGUED APRIL 6, 1966. DECIDED MAY 5, 1966. REHEARING DENIED JUNE 20, 1966. FRANKUM, Judge. 1. “Negligence is predicated on what should have been anticipated rather than on what happened.” Misenhamer v. Pharr, 99 Ga. App. 163 (2) (107 S.E.2d 875); Ely v. Barbizon Towers, […]

387 S.E.2d 579 DEPARTMENT OF EDUCATION v. KITCHENS. A89A1383.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1989. REHEARING DENIED OCTOBER 18, 1989. SOGNIER, Judge. Lee Ann Kitchens petitioned the Superior Court of Fulton County for review of the decision of the Board of Education of the State of Georgia (the “Board”) upholding a special master’s […]

127 S.E.2d 819 ALLEN v. ARTHURS et al. 39583.Court of Appeals of Georgia. DECIDED OCTOBER 2, 1962. RUSSELL, Judge. 1. “A conclusion in a pleading is not subject to special demurrer if the inference stated therein may be legitimately drawn from the special facts pleaded or from exhibits attached to and made a part of […]

172 S.E.2d 344 STANDARD OIL COMPANY v. HARRIS et al. BOLDEN et al. v. HARRIS et al. 44523, 44549.Court of Appeals of Georgia.ARGUED MAY 29, 1969. DECIDED DECEMBER 5, 1969. 1. Negligence on the part of the defendant Bolden was eliminated by the holding in Bolden v. Barnes, 117 Ga. App. 862 (162 S.E.2d 307). […]

448 S.E.2d 913 CLOUD et al. v. GEORGIA CENTRAL CREDIT UNION et al. (two cases). CLOUD et al. v. CHRYSLER FIRST BUSINESS CREDIT CORPORATION. A94A1292, A94A1341. A94A1344.Court of Appeals of Georgia. DECIDED SEPTEMBER 8, 1994. BIRDSONG, Presiding Judge. In these appeals Cynthia E. M. Cloud, Wilbert Cloud, and Diane Page 595 M. Knapp appeal several […]

658 S.E.2d 410 FORDE v. THE STATE. No. A08A0602.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 2008. BLACKBURN, Presiding Judge. Following a jury trial, Earl Forde, Sr., was convicted on one count of sexual battery against a child under the age of 16 years.[1] He appeals his conviction, his sentence, and the denial of his […]

228 S.E.2d 605 SHUFORD v. JACKSON. 52399.Court of Appeals of Georgia.SUBMITTED JULY 14, 1976. DECIDED SEPTEMBER 7, 1976. WEBB, Judge. The trial court denied Shuford’s motion to strike Jackson’s answer, which had been filed after judgment by default but in compliance with the Georgia Civil Practice Act. The answer was not verified when filed, the […]

32 S.E.2d 435 DUNCAN v. THE STATE. 30667.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1944. REHEARING DENIED DECEMBER 12, 1944. MacINTYRE, J. 1. The evidence, though conflicting, authorized the verdict. 2. The defendant has the right to argue his case, either personally or by an attorney; but it is not proper for him to […]

365 S.E.2d 141 WILLIAMS v. THE STATE. 75298.Court of Appeals of Georgia. DECIDED JANUARY 15, 1988. BIRDSONG, Chief Judge. Pursuant to OCGA § 5-6-34, appellant appeals the judgment and order of the superior court which, subsequent to a finding of not guilty by reason of insanity, on a murder charge, determined that appellant pellant poses […]

243 S.E.2d 555 RAMSEY v. THE STATE. 55000.Court of Appeals of Georgia.ARGUED JANUARY 16, 1978. DECIDED FEBRUARY 14, 1978. REHEARING DENIED FEBRUARY 28, 1978. BIRDSONG, Judge. Appellant was convicted, by a jury, of one count of rape and one count of incest. He brings this appeal, enumerating 22 alleged errors. Held: 1. Enumerated errors 1 […]

284 S.E.2d 83 HARRISON v. HARRISON. 61891.Court of Appeals of Georgia. DECIDED SEPTEMBER 15, 1981. SOGNIER, Judge. Appellant Jacquelyn Harrison filed a garnishment action against her former husband, C. W. Harrison, based on alimony payments allegedly due under their divorce decree. Appellee filed a traverse of the garnishment, verified by affidavit, stating specifically that he […]

73 S.E.2d 502 BROWN v. THE STATE. 34338.Court of Appeals of Georgia. DECIDED NOVEMBER 19, 1952. The evidence authorized the jury to find the defendant guilty of manufacturing intoxicating liquor in violation of Code § 58-206, and the trial court did not err in overruling his motion for a new trial, which was based only […]

288 S.E.2d 137 THE STATE v. WILKERSON. 63355.Court of Appeals of Georgia. DECIDED FEBRUARY 5, 1982. Wilkerson, after entering pleas of guilty to a number of misdemeanor and felony charges, was given a sentence of twenty years on probation, without specifying the number of years applying to each count of each indictment. Approximately two years […]

309 S.E.2d 924 ELLIS v. THE STATE. 66579.Court of Appeals of Georgia. DECIDED NOVEMBER 4, 1983. SOGNIER, Judge. Appellant was convicted of voluntary manslaughter and appeals (1) on the general grounds. He also contends the trial court erred (2) Page 758 by allowing into evidence a photograph of the victim after an autopsy; (3) by […]

334 S.E.2d 739 IN THE INTEREST OF W. S. G. 70689.Court of Appeals of Georgia. DECIDED SEPTEMBER 10, 1985. BIRDSONG, Presiding Judge. This is an appeal from an order of the Houston County Juvenile Court granting temporary custody of W. S. G. to the Houston County Department of Family and Children Services (DFCS). The Houston […]

710 S.E.2d 197 REDFORD v. THE STATE. No. A11A0615.Court of Appeals of Georgia. DECIDED APRIL 1, 2011. ELLINGTON, Chief Judge. A Douglas County jury found Julian Redford guilty beyond a reasonable doubt of acquiring control of money through a pattern of racketeering activity in violation of OCGA § 16-14-4 (a), [1] based on Page 119 […]

375 S.E.2d 878 DENNY et al. v. NUTT. 76454.Court of Appeals of Georgia. DECIDED NOVEMBER 14, 1988. REHEARING DENIED NOVEMBER 28, 1988. BENHAM, Judge. We granted this interlocutory appeal to review the trial court’s grant of partial summary judgment to appellee, which prevents appellants Page 388 from pursuing their claim for money damages in their […]

675 S.E.2d 260 VINES v. THE STATE. No. A08A2176.Court of Appeals of Georgia. DECIDED MARCH 10, 2009. ADAMS, Judge. Following a jury trial, Roosevelt Vines was convicted of possession of marijuana with intent to distribute, trafficking in MDMA, trafficking in cocaine, and possession of a firearm during the commission of a crime. On appeal he […]

630 S.E.2d 70 WALKER et al. v. JOHNSON et al. A05A1871.Court of Appeals of Georgia. DECIDED MARCH 27, 2006. RECONSIDERATION DISMISSED APRIL 13, 2006. PHIPPS, Judge. Ronald and Theresa Walker purchased real property from Frances King in July 2000, and later discovered that the property had severe drainage problems and was subject to flooding. The […]

593 S.E.2d 919 IN THE INTEREST OF M.M., A CHILD. A03A2113Court of Appeals of Georgia. DECIDED: FEBRUARY 2, 2004 RUFFIN, Presiding Judge. Finding that fifteen-year-old M.M. committed criminal trespass, obstructed a law enforcement officer, and interfered with government property, the juvenile court adjudicated him delinquent. M.M. appeals, arguing that the evidence was insufficient to support […]

290 S.E.2d 176 EVANS v. THE STATE. 63776.Court of Appeals of Georgia. DECIDED APRIL 8, 1982. McMURRAY, Presiding Judge. Defendant was indicted and convicted of the offense of burglary. On appeal defendant contends the trial court erred in failing to grant his motion to suppress evidence. Held: The sole witness at defendant’s motion to suppress […]

426 S.E.2d 663 STONE et al. v. RADIOLOGY SERVICES, P.A. et al. A92A1251.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1992. RECONSIDERATION DENIED DECEMBER 16, 1992. SOGNIER, Chief Judge. Horace Stone and Katharine Stone filed a malpractice suit and loss of consortium claim on December 11, 1990 alleging that the defendant physicians and the professional […]

545 S.E.2d 647 WENTWORTH v. ECKERD CORPORATION et al. A00A1825.Court of Appeals of Georgia. DECIDED: FEBRUARY 16, 2001 ANDREWS, Presiding Judge. Sheryl Wentworth appeals from the trial court’s grant of summary judgment to Eckerd Corporation d/b/a Eckerd Drugs in her slip and fall suit. In order to prevail, Wentworth must prove that: (1) the store […]

91 S.E.2d 57 GENERAL MOTORS CORPORATION c. v. HALL. 35832.Court of Appeals of Georgia. DECIDED JANUARY 6, 1956. 1. Where an employee, after arriving at the place of his employment, and within a reasonable time before his work is to begin, exerts himself in performing an act incident and necessary to his employment as a […]

537 S.E.2d 694 DAGEL v. LEMCKE. A00A1196.Court of Appeals of Georgia. DECIDED: JULY 19, 2000 MIKELL, Judge. Mark R. Dagel filed a complaint for slander, defamation, and trespass against Emily Lemcke arising out of events that occurred during Ms. Lemcke’s successful 1998 campaign for Chair of the Cherokee County Board of Commissioners. The trial court […]

571 S.E.2d 427 DAVITT v. THE STATE. A02A1998.Court of Appeals of Georgia. Decided September 13, 2002. PHIPPS, Judge. David Davitt was convicted of child molestation and aggravated child molestation. Although his convictions were affirmed on direct appeal, the case was remanded to the trial court for consideration of Davitt’s claim of ineffective assistance of trial […]

226 S.E.2d 619 MILLER v. THE STATE. 52009.Court of Appeals of Georgia.ARGUED APRIL 5, 1976. DECIDED APRIL 29, 1976. STOLZ, Judge. The defendant’s conviction of theft by taking was authorized by evidence adduced in the bench trial that the defendant was positively identified by his former girlfriend as the person who lowered a portable television […]

183 S.E.2d 503 KAY ENTERPRISES, INC. v. SHAWMAC, INC. KAY et al. v. SHAWMAC, INC. 46362, 46363.Court of Appeals of Georgia.ARGUED JUNE 29, 1971. DECIDED JULY 9, 1971. JORDAN, Presiding Judge. These cases were tried together in the lower court. The defendants appeal form a directed verdict and judgment thereon for the plaintiff based on […]

64 S.E.2d 201 DENMARK v. DENMARK. 33425.Court of Appeals of Georgia. DECIDED MARCH 15, 1951. FELTON, J. Where a demurrer to a motion to open a default is overruled, a direct bill of exceptions to the overruling of such demurrer, which does not assign error on a final judgment, is prematurely brought, and this court […]

454 S.E.2d 615 SMITH v. THE STATE. A94A2171.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1995. RUFFIN, Judge. Appellant, Kerry Smith, was convicted of entering an automobile with intent to commit a theft and robbery by sudden snatching. The evidence showed that the robbery victim, Betty Strickland, stopped at a store to buy a newspaper […]

535 S.E.2d 820 WILLARD et al. v. THE STATE. A00A0206.Court of Appeals of Georgia. DECIDED: JUNE 13, 2000 SMITH, Judge. Bradford Curry Willard (hereinafter “Willard”), his mother, Elizabeth Willard, Matthew Jones, and Tracy Clark were indicted by a Meriwether County grand jury on one count of arson in the first degree, O.C.G.A. § 16-7-60, and […]

19 S.E.2d 805 MANNING v. THE STATE. 29496.Court of Appeals of Georgia. DECIDED APRIL 10, 1942. Conviction of involuntary manslaughter by commission of unlawful acts in driving automobile was authorized by evidence. The assignments of error presented no cause for new trial. DECIDED APRIL 10, 1942. Involuntary manslaughter; from Paulding superior court — Judge Mundy. […]

227 S.E.2d 411 MENA v. THE STATE. 52002.Court of Appeals of Georgia.SUBMITTED APRIL 12, 1976. DECIDED APRIL 28, 1976. REHEARING DENIED MAY 21, 1976. WEBB, Judge. Willie Mena appeals his conviction in Wilkes Superior Court on three counts of contributing to the delinquency of a minor; one count of burglary; and three counts of receiving […]

142 S.E.2d 387 BARNUM v. THE STATE. 41269.Court of Appeals of Georgia.SUBMITTED APRIL 6, 1965. DECIDED APRIL 13, 1965. REHEARING DENIED APRIL 29, 1965. NICHOLS, Presiding Judge. John L. Barnum, Jr., the probationer, was sentenced to serve a term of not less than three years and not more than three years and paroled upon condition […]

669 S.E.2d 663 SILMAN et al. v. ASSOCIATES BELLEMEADE et al. No. A08A0863.Court of Appeals of Georgia. DECIDED OCTOBER 21, 2008. RECONSIDERATION DENIED NOVEMBER 21, 2008. BARNES, Chief Judge. In July 2004, Merdean Silman was standing on the back deck of a house rented by Lamar and Nancy Scott when the deck fell. She sued […]

288 S.E.2d 359 C. E. SELF SON et al. v. JEROME et al. (three cases). 62875, 62876, 62877.Court of Appeals of Georgia. DECIDED MARCH 2, 1982. POPE, Judge. Appellants subcontractors filed these actions seeking judgments in the amounts of $9,300.00, $5,997.30 and $5,239.50 respectively alleged to be due from general contractor Structioneers of Brunswick, Inc. […]

28 S.E.2d 322 TINLEY v. F. W. WOOLWORTH CO. 30104.Court of Appeals of Georgia. DECIDED NOVEMBER 10, 1943. REHEARING DENIED DECEMBER 20, 1943. The judge properly sustained the general demurrer and dismissed the petition. DECIDED NOVEMBER 10, 1943. REHEARING DENIED DECEMBER 20, 1943. Page 391 Action for damages; from Macon city court — Judge Baldwin. […]

128 S.E.2d 376 CLEMENTS v. THE STATE. 39732.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1962. Venue may be proved by circumstantial evidence, and when there is nothing in the record to raise an inference to the contrary, slight circumstances may be sufficient to prove such element of the offense. DECIDED OCTOBER 8, 1962. Abandonment […]

408 S.E.2d 794 GRIER et al. v. CITY OF ATLANTA et al. A91A0061.Court of Appeals of Georgia. DECIDED MAY 31, 1991. RECONSIDERATION DENIED JULY 23, 1991. COOPER, Judge. This appeal arises from an action for personal injuries brought by appellant Brendianne Grier, on behalf of her minor son Derrick Grier, against the City of Atlanta […]

499 S.E.2d 138 WHITLOCK ET AL. v. GEORGE ET AL. A97A1833.Court of Appeals of Georgia. DECIDED MARCH 18, 1998 — RECONSIDERATION DENIED MARCH 31, 1998 — CERT. APPLIED FOR. McMURRAY, Presiding Judge. On August 21, 1994, Annette J. George’s teenage son, Aubrey George, Jr., was driving his mother’s car when it was struck by a […]

241 S.E.2d 295 DENHAM v. THE STATE. 54633.Court of Appeals of Georgia.ARGUED OCTOBER 11, 1977. DECIDED DECEMBER 1, 1977. REHEARING DENIED DECEMBER 16, 1977. SHULMAN, Judge. Appellant was convicted of possession of heroin. The state’s evidence presented to the jury was that an experienced narcotics officer, driving through a Page 374 predominantly black neighborhood, saw […]

231 S.E.2d 405 HORN v. FULTON NATIONAL BANK et al. 52605.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1976. DECIDED NOVEMBER 1, 1976. REHEARING DENIED NOVEMBER 29, 1976. WEBB, Judge. We initially affirmed the trial court’s grant of Fulton National’s motion for summary judgment. On appellant’s rehearing motion we have reconsidered this case and have withdrawn […]

708 S.E.2d 307 SWANSON v. THE STATE. A11A0633.Court of Appeals of Georgia. DECIDED APRIL 20, 2011. MCFADDEN, Judge. On October 8, 2007, Harley Swanson, with the assistance of counsel, pled guilty to robbery, aggravated assault and burglary. That same date, the trial court entered judgment of conviction and imposed a total sentence of 35 years, […]