Category: Georgia Supreme Court Opinions

190 S.E.2d 797 LEDBETTER BROTHERS, INC. v. JENKINS et al. 46836.Court of Appeals of Georgia.ARGUED JANUARY 10, 1972. DECIDED MAY 10, 1972. REHEARING DENIED JUNE 9, 1972. PANNELL, Judge. 1. An action against a contractor seeking damages arising out of an alleged trespass to the land, buildings and persons of plaintiffs, as the result of […]

571 S.E.2d 168 THE STATE v. SERIO. A02A1460.Court of Appeals of Georgia. DECIDED AUGUST 27, 2002. PHIPPS, Judge. The State appeals an order of the State Court of Gwinnett County granting Sarah Jane Serio’s motion to transfer her DUI case to the Recorder’s Court of Gwinnett County. The State argues that the transfer order is […]

367 S.E.2d 563 SIMPSON v. REED. 75336.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 1988. REHEARING DENIED MARCH 11, 1988. SOGNIER, Judge. Derrick Reed brought suit against Freda P. Simpson seeking damages for injuries he incurred when he was struck by the car driven by Simpson as he was crossing a rural highway on a […]

35 S.E.2d 580 SHORTRIDGE v. THE STATE. 30979.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1945. MacINTYRE, J. The court did not err in revoking the defendant’s suspended sentence, and in requiring him to finish the unserved portion of a twelve-months suspended sentence imposed for committing a misdemeanor. Wood v. State, 68 Ga. App. 43 […]

91 S.E.2d 815 GRIFFIN v. ROSS. YANCEY v. GRIFFIN. 35879, 35885.Court of Appeals of Georgia. DECIDED FEBRUARY 15, 1956. 1. Under rules pronounced in Western Union Telegraph Co. v. Griffith, 111 Ga. 551 (36 S.E. 859) the bill of exceptions in case No. 35879 must be dismissed and the motion to dismiss the bill of […]

428 S.E.2d 685 THREADMILL, LTD. v. FIRST UNION NATIONAL BANK OF GEORGIA et al. A92A2293.Court of Appeals of Georgia. DECIDED MARCH 9, 1993. JOHNSON, Judge. The Downtown Development Authority of Austell, Georgia issued $8,000,000 in bonds to generate loan proceeds to be used for the renovation of an historic mill owned by Threadmill, Ltd. Threadmill […]

612 S.E.2d 927 GEORGIA PORTS AUTHORITY et al. v. ANDRE RICKMERS SCHIFFSBETEILIGUNGSGES MBH COMPANY KG. GEORGIA PORTS AUTHORITY et al. v. HINES et al. A03A0190, A03A0191.Court of Appeals of Georgia. DECIDED APRIL 5, 2005. PHIPPS, Judge. In combined cases Hines v. Ga. Ports Auth. and Ga. Ports Auth. v. Andre Rickmers Schiffsbeteiligungsges mbH Co. KG,[1] […]

680 S.E.2d 606 STRICKLAND v. CROSSMARK, INC. et al. No. A09A0491.Court of Appeals of Georgia. DECIDED JUNE 26, 2009. MILLER, Chief Judge. In this workers’ compensation case, an administrative law judge (“ALJ”) of the State Board of Workers’ Compensation (the “Board”) denied Mary Ann Strickland’s claim for benefits after finding that she failed to show […]

637 S.E.2d 739 TURNER v. WENDY’S INTERNATIONAL, INC. No. A06A1875.Court of Appeals of Georgia. DECIDED OCTOBER 4, 2006. RECONSIDERATION DENIED OCTOBER 30, 2006. BLACKBURN, Presiding Judge. In this slip and fall case, Cathy Turner appeals the grant of summary judgment to Wendy’s International, Inc. (‘Wendy’s”), contending that the trial court erred because issues of material […]

298 S.E.2d 589 MACKLER v. THE STATE. 64950.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1982. REHEARING DENIED DECEMBER 17, 1982. BANKE, Judge. In this appeal from his conviction for child molestation, the appellant contends that the trial court erred in finding the 5-year-old victim competent to testify, in admitting evidence of his previous convictions […]

288 S.E.2d 247 DAWSON v. THE STATE. 62955.Court of Appeals of Georgia. DECIDED JANUARY 29, 1982. CARLEY, Judge. From a conviction of armed robbery, appellant brings this appeal. Appellant asserts that the trial court erred in denying his motion for directed verdict of acquittal and in overruling his motion for new trial, both motions being […]

368 S.E.2d 117 HUDDLESTON CONCRETE COMPANY v. SAFECO INSURANCE COMPANY OF AMERICA. 75748.Court of Appeals of Georgia. DECIDED FEBRUARY 24, 1988. REHEARING DENIED MARCH 24, 1988. BIRDSONG, Chief Judge. This is a suit by a materialman (Huddleston Concrete Co.) against the bond of the contractor (Williams Bridge Co., Inc.) filed after the subcontractor (Coastal Bridge […]

293 S.E.2d 483 PAYNE v. THE STATE. 64185.Court of Appeals of Georgia. DECIDED JULY 8, 1982. REHEARING DENIED JULY 28, 1982. QUILLIAN, Chief Judge. The defendant appeals his conviction for child molestation Held: 1. The first two enumerations of error complain of the admission of certain evidence over the objection that it was hearsay. The […]

389 S.E.2d 24 UNDERWRITERS ADJUSTING COMPANY et al. v. KNIGHT. MORRIS TEMPLETON INSURANCE AGENCY, INC. v. KNIGHT et al. KNIGHT et al. v. MAYFLOWER INSURANCE COMPANY, LTD. A89A2232, A89A2233, A89A2234.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1989. DEEN, Presiding Judge. John and Claire Knight purchased homeowner’s insurance from Mayflower Insurance Company, through the Morris […]

651 S.E.2d 774 DeKALB COUNTY v. CITY OF DECATUR et al. No. A07A1204.Court of Appeals of Georgia. DECIDED AUGUST 29, 2007. BERNES, Judge. This is a breach of contract action in which several cities inside DeKalb County allege that DeKalb County failed to properly calculate tax proceeds from the Homestead Option Sales and Use Tax […]

659 S.E.2d 783 ENGLISH v. THE STATE. No. A07A2371.Court of Appeals of Georgia. DECIDED MARCH 19, 2008. JOHNSON, Presiding Judge. A jury found John McNaughton English guilty of criminal solicitation to commit the murder of Joe Buice, criminal solicitation to Page 379 commit the murder of Grady White, and criminal solicitation to conceal the death […]

616 S.E.2d 857 PONDER v. THE STATE. A05A0377.Court of Appeals of Georgia. DECIDED JUNE 29, 2005. BERNES, Judge. Following a trial by jury, appellant James Allen Ponder was convicted of homicide by vehicle in the first degree,[1] reckless driving, driving under the influence, driving without insurance, and two counts of hit and run. Ponder appeals, […]

606 S.E.2d 639 McCURRY v. HARDING. A04A1451.Court of Appeals of Georgia. DECIDED NOVEMBER 12, 2004. BARNES, Judge. This is an appeal from the grant of a stepparent adoption. The trial court entered a decree allowing Wesley Harding to adopt the three natural children of Christopher McCurry. In granting the petition for adoption the trial court […]

299 S.E.2d 51 PELUSO v. CENTRAL OF GEORGIA RAILROAD COMPANY et al. 64748.Court of Appeals of Georgia. DECIDED JANUARY 4, 1983. REHEARING DENIED JANUARY 27, 1983. SHULMAN, Chief Judge. This appeal is from the trial court’s award of summary judgment to appellee City of Morrow in this action in which appellant seeks to recover for […]

184 S.E.2d 56 SALTERS v. PUGMIRE LINCOLN-MERCURY, INC. et al. 46153.Court of Appeals of Georgia.SUBMITTED MAY 7, 1971. DECIDED SEPTEMBER 9, 1971. The bare assertion or denial of the existence of an agency relationship is a statement of fact when made by one of the purported parties to the relationship; but when made by an […]

456 S.E.2d 233 SMART PROFESSIONAL PHOTOCOPY CORPORATION v. DIXON. A94A2668.Court of Appeals of Georgia. DECIDED FEBRUARY 28, 1995. RECONSIDERATION DENIED MARCH 23, 1995. CERT. APPLIED FOR. ANDREWS, Judge. On October 21, 1992, Delores Dixon injured her back in the course of her employment for Kroger. She instituted a workers’ compensation action and in connection therewith, […]

485 S.E.2d 498 KOREY v. BELLSOUTH TELECOMMUNICATIONS, INC. A96A2068.Court of Appeals of Georgia. DECIDED FEBRUARY 26, 1997 — RECONSIDERATION DENIED APRIL 2, 1997 — CERT. APPLIED FOR. BLACKBURN, Judge. Harold Korey appeals from the trial court’s grant of summary judgment to BellSouth Telecommunications, Inc. (BellSouth) on BellSouth’s claim for amounts due on an account for […]

549 S.E.2d 813 HAYES v. THE STATE, KILLEN v. THE STATE, TOWNS v. THE STATE. A01A0668, A01A0669, A01A0670.Court of Appeals of Georgia. DECIDED: JUNE 5, 2001. BARNES, Judge. As these appeals follow a joint trial, we have consolidated them for disposition. Darrell Lamar Hayes, Kelvin Lorenzo Killen, and Jatavius Lamar Towns appeal their convictions of […]

202 S.E.2d 255 GWINNETT SALES SERVICE v. TRUST COMPANY OF GEORGIA. 48369.Court of Appeals of Georgia.ARGUED JULY 3, 1973. DECIDED SEPTEMBER 26, 1973. REHEARING DENIED OCTOBER 18, 1973. QUILLIAN, Judge. The Trust Company of Georgia, appellee herein, loaned money to Walter J. and Sue Moyers in connection with their purchase of a 1967 Pontiac automobile […]

612 S.E.2d 495 LEMMING v. THE STATE. A04A1842.Court of Appeals of Georgia. DECIDED MARCH 11, 2005. PER CURIAM. Following a jury trial, Steve John Lemming appeals his conviction of two counts of aggravated assault[1] and one count of criminal attempt to commit armed robbery,[2] contending that: (1) the evidence was insufficient to support his convictions; […]

298 S.E.2d 278 CRAWFORD v. BUSBEE et al. (two cases). CRAWFORD v. ALDRIDGE et al. 64335, 64337. 64336.Court of Appeals of Georgia. DECIDED NOVEMBER 29, 1982. McMURRAY, Presiding Judge. These three cases arise out of a criminal proceeding against James C. Crawford or Jamie Crawford as the result of a letter dated June 25, 1980, […]

422 S.E.2d 323 DAVIS v. WELCH. A92A1075.Court of Appeals of Georgia. DECIDED SEPTEMBER 11, 1992. BIRDSONG, Presiding Judge. This is an appeal by the defendant father Robert Earl Davis from a jury award of $25,000 to the plaintiff mother in her suit to recover moneys expended in child support for a child born in 1973. […]

330 S.E.2d 181 KINGERY BLOCK CONCRETE COMPANY et al. v. LUTTRELL. 69753.Court of Appeals of Georgia. DECIDED APRIL 3, 1985. BIRDSONG, Presiding Judge. Workers’ Compensation — Enforcement of Award. Bobby Luttrell was employed as a truck driver for Kingery Block Cement Company. On or about December 27, 1982, while driving on a mission for Kingery […]

312 S.E.2d 872 GEORGIA POWER COMPANY v. KNIGHTON. 67347.Court of Appeals of Georgia. DECIDED JANUARY 3, 1984. Deen, Presiding Judge. Appellee Terry Wayne Knighton sustained extensive burns and other injuries when, while working on a roofing job for which his employer had contracted, he came in contact with high-voltage electrical distribution lines owned by appellant […]

602 S.E.2d 312 HUNT v. THE STATE. A04A0256.Court of Appeals of Georgia. DECIDED JULY 16, 2004. JOHNSON, Presiding Judge. Following the denial of his motion for new trial, Thomas Matthew Hunt appeals his convictions of aggravated child molestation, burglary, and child molestation. We find no reversible error and affirm Hunt’s convictions. An indictment was returned […]

261 S.E.2d 728 DEPARTMENT OF TRANSPORTATION v. SCONYERS et al. 58154.Court of Appeals of Georgia.ARGUED JULY 9, 1979. DECIDED OCTOBER 2, 1979. REHEARING DENIED OCTOBER 18, 1979. BIRDSONG, Judge. The Department of Transportation condemned 3.118 acres of land belonging to the appellees Sconyers for right of way for a limited access, by-pass highway and interchange […]

17 S.E.2d 95 SOUTHERN RAILWAY COMPANY v. PERKINS. 29041.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1941. 1. The allegations of paragraph 9 of the petition do not sufficiently show that express consent was given to the plaintiff, by an authorized agent of the defendant, to be in the switch-yard where the plaintiff was injured, […]

431 S.E.2d 726 BROWN v. THE STATE. A93A0791.Court of Appeals of Georgia. DECIDED MAY 25, 1993. BLACKBURN, Judge. The appellant, James Brown, Jr., was tried and convicted of burglary and criminal attempt of burglary. Judgment was entered on that Page 727 jury verdict on June 15, 1992, and the appellant filed a pro se notice […]

367 S.E.2d 287 NATIONAL EQUIPMENT SALES, SERVICE SUPPLIES, INC. v. HAMRICK MANUFACTURING SERVICES, INC. 76164.Court of Appeals of Georgia. DECIDED MARCH 16, 1988. POPE, Judge. Plaintiff Hamrick brought this action against defendants National and its president, William Locke, seeking the balance due from defendant National’s purchase of an “uncaser machine.” Defendants answered and counterclaimed. A […]

72 S.E.2d 545 BROWN v. THE STATE. 34239.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1952. 1. The evidence amply supports the verdict. 2. The two special grounds are without merit for the reasons specified in the body of the opinion. DECIDED SEPTEMBER 19, 1952. Violating liquor law; from Cobb Superior Court — Judge Brooke. […]

442 S.E.2d 795 MURRAY et al. v. SLOAN PAPER COMPANY. A93A1997.Court of Appeals of Georgia. DECIDED MARCH 8, 1994. RECONSIDERATION DENIED MARCH 30, 1994. BEASLEY, Presiding Judge. The Murrays sued Sloan Paper Company and its driver, alleging injuries caused by a collision between their car and the company’s leased truck. Plaintiffs appeal from the grant […]

197 S.E.2d 498 STRAIN POULTRY FARMS, INC. v. AMERICAN SOUTHERN INSURANCE COMPANY et al. 47546.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1972. DECIDED MARCH 8, 1973. REHEARING DENIED MARCH 26, 1973. PANNELL, Judge. The American Southern Insurance Company brought a declaratory judgment action seeking advice as to its obligation to defend certain actions brought against […]

136 S.E.2d 179 MOREHOUSE COLLEGE et al. v. RUSSELL. 40221.Court of Appeals of Georgia. DECIDED MARCH 11, 1964. 1. The allegations of the petition did not affirmatively show that the plaintiff’s son assumed the risk of drowning or was guilty of such lack of ordinary care for his own safety as to preclude a recovery […]

149 S.E.2d 198 TYRER v. MOTORS INSURANCE CORPORATION. 41896.Court of Appeals of Georgia.ARGUED APRIL 5, 1966. DECIDED MAY 4, 1966. HALL, Judge. The defendant, Tyrer, appeals from a judgment for the plaintiff, a liability insurer, which brought a negligence action as subrogee of its insured. Held: 1. “An exception to the refusal of the trial […]

463 S.E.2d 133 GREEN v. THE STATE. A95A1327.Court of Appeals of Georgia. DECIDED OCTOBER 3, 1995. McMURRAY, Presiding Judge. Defendant was charged in an indictment with burglary, rape, kidnapping, aggravated sodomy, and aggravated assault. The evidence at his jury trial showed that on January 13, 1993, Sergeant M. L. Hendricks of the Atlanta Police Department […]

561 S.E.2d 164 ECKHARDT et al. v. YERKES REGIONAL PRIMATE CENTER. MI-111 A01A2533.Court of Appeals of Georgia. DECIDED: FEBRUARY 22, 2002 MILLER, Judge. Bonnie Eckhardt and Bridget Mueller appeal from the trial court’s grant of the Yerkes Regional Primate Center’s motion to dismiss. We affirm. A motion to dismiss is granted only where a complaint […]

344 S.E.2d 509 BROWN v. THE STATE. 71739.Court of Appeals of Georgia. DECIDED APRIL 8, 1986. SOGNIER, Judge. Appellant was convicted of fourteen violations of the Georgia Controlled Substances Act by selling marijuana and selling counterfeit substances purporting to be cocaine and marijuana. 1. Appellant contends the evidence is not sufficient to support the verdict. […]

130 S.E.2d 161 BUTLER v. REVILLE. 39909.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1963. When a written request to charge is substantially covered by the charge given by the court, the failure to charge as requested is not reversible error when there is no assignment of error complaining that the request to charge was […]

388 S.E.2d 350 THE STATE v. BARBER. A89A1646.Court of Appeals of Georgia. DECIDED OCTOBER 19, 1989. REHEARING DENIED NOVEMBER 6, 1989. SOGNIER, Judge. Fred W. Barber, Jr. was indicted in Fulton County on four counts of violating the Georgia Medical Assistance Act by falsifying reports claiming reimbursement for prescriptions. He entered a plea of not […]

338 S.E.2d 284 KRAWAGNA et al. v. H S LIQUOR, INC. 70885.Court of Appeals of Georgia. DECIDED NOVEMBER 13, 1985. McMURRAY, Presiding Judge. Plaintiff H S Liquor, Inc. brought suit against defendants in the State Court of Cobb County. It appears that defendants were indebted to plaintiff pursuant to three promissory notes and a fourth […]

603 S.E.2d 684 THOMPSON v. THE STATE. A04A1084.Court of Appeals of Georgia. DECIDED AUGUST 11, 2004. BARNES, Judge. John Thompson contends in this appeal that his sentence is void. We earlier affirmed his convictions for three counts of child molestation, two counts of rape, and one count each of obstructing a law enforcement officer and […]

253 S.E.2d 802 DANNY’S CABINET SHOP, INC. v. G M FIRE EXTINGUISHER SALES SERVICE, INC. 57072.Court of Appeals of Georgia.ARGUED JANUARY 8, 1979. DECIDED FEBRUARY 15, 1979. REHEARING DENIED MARCH 2, 1979. DEEN Chief Judge. Danny’s Cabinet Shop brought suit against appellee alleging that it had purchased fire extinguishers from appellee, that it had contracted […]

709 S.E.2d 565 STATE AUTOMOBILE MUTUAL INSURANCE COMPANY v. TODD et al. No. A11A0046.Court of Appeals of Georgia. DECIDED MARCH 4, 2011. RECONSIDERATION DENIED APRIL 11, 2011. MIKELL, Judge. While driving her friend Ernest Camden’s car, Elizabeth Ann Todd was involved in a collision in Georgia with a car driven by Steve Purvis. Purvis’s passenger, […]

395 S.E.2d 845 SOUTHERN RAILWAY COMPANY v. MINOR. A90A0012.Court of Appeals of Georgia. DECIDED JUNE 20, 1990. REHEARING DENIED JULY 3, 1990. BEASLEY, Judge. Defendant Southern Railway appeals a FELA judgment entered on a jury verdict for plaintiff Minor in the amount of $275,000. Four grounds of error are asserted: 1) charging plaintiff’s requested instruction […]

31 S.E.2d 463 SWANSON v. MOORE. 30602.Court of Appeals of Georgia. DECIDED SEPTEMBER 21, 1944. FELTON, J. In the trial of an action for damages for alleged personal injuries it was not error for the court to admit in evidence for the defendant, over the objection of the plaintiff that it was hearsay, a report […]

276 S.E.2d 159 DUNN v. THE STATE. 60942.Court of Appeals of Georgia.SUBMITTED NOVEMBER 3, 1980. DECIDED NOVEMBER 17, 1980. McMURRAY, Presiding Judge. Defendant was indicted in a two count indictment for the offenses of armed robbery and aggravated assault. On January 14, 1980, the jury returned a verdict of guilty of robbery and guilty of […]

677 S.E.2d 765 HARRIS v. HUNTER. No. A09A0321.Court of Appeals of Georgia. DECIDED APRIL 22, 2009. JOHNSON, Presiding Judge. On June 9, 2008, Debra Hunter civilly petitioned the Superior Court of DeKalb County for a 12-month protective order under OCGA § 16-5-94 to enjoin Anthony Harris from stalking her. Following an evidentiary hearing, the trial […]

681 S.E.2d 707 HARGROVE v. THE STATE. No. A09A0474.Court of Appeals of Georgia. DECIDED JULY 13, 2009. PHIPPS, Judge. Daniel Hargrove was tried by a jury and convicted of kidnapping with bodily injury, family violence aggravated battery and two counts of family violence aggravated assault. On appeal, he claims that the evidence was insufficient to […]

323 S.E.2d 204 VINSON v. E. W. BUSCHMAN COMPANY. 68707.Court of Appeals of Georgia. DECIDED SEPTEMBER 18, 1984. REHEARING DENIED OCTOBER 2, 1984. DEEN, Presiding Judge. Appellant Leonard Vinson formerly worked for a local manufacturer’s representative firm, selling conveyors and related items produced by several manufacturers, including appellee E. W. Buschman Company (Buschman), a Cincinnati-based […]

561 S.E.2d 464 HALL v. THE STATE. A02A0587.Court of Appeals of Georgia. DECIDED: MARCH 6, 2002 PHIPPS, Judge. Burnam Melvin Hall appeals his convictions of two counts of child molestation and two counts of distributing obscene material. He claims that the trial court erred by (1) not allowing him to present evidence that one of […]

408 S.E.2d 707 LEASEFIRST v. PAULK. A91A0473.Court of Appeals of Georgia. DECIDED JUNE 11, 1991. RECONSIDERATION DENIED JULY 16, 1991. POPE, Judge. On February 20, 1990, plaintiff/appellant LeaseFirst filed a complaint against defendant/appellee Jerry M. Paulk d/b/a Jerry’s Grocery in the Sixth Circuit Court for the County of Oakland, Michigan. In that case, LeaseFirst sought […]

429 S.E.2d 340 MOORE v. THE STATE. A92A2214.Court of Appeals of Georgia. DECIDED MARCH 17, 1993. BIRDSONG, Presiding Judge. Willie Moore appeals his conviction for aggravated assault. The crime involved the slashing and beating assault of Moore’s girl friend, Page 898 after Moore had waited for her outside her apartment for about seven hours. Appellant […]

521 S.E.2d 198 FORD et al. v. UNIROYAL GOODRICH TIRE CO. et al. (two cases.) SM-143, SM-144 A97A2505, A97A2506.Court of Appeals of Georgia. DECIDED: JUNE 11, 1999 SMITH, Judge. In Ford v. Uniroyal Goodrich Tire Co., 270 Ga. 730 (514 S.E.2d 201) (1999), the Supreme Court reversed the judgments of this court affirming the trial […]

598 S.E.2d 857 GLASS v. THE STATE. A04A0053.Court of Appeals of Georgia. DECIDED APRIL 19, 2004. SMITH, Chief Judge. Following a bench trial in the City Court of Atlanta, David John Glass was convicted of the offense of failure to yield to a pedestrian (OCGA § 40-6-91 (a)). He was granted leave to file an […]

175 S.E.2d 407 SHEPARD v. MORRISON. 45117.Court of Appeals of Georgia.ARGUED MARCH 3, 1970. DECIDED APRIL 29, 1970. REHEARING DENIED MAY 20, 1970. PANNELL, Judge. Charles Shepard brought an action against G. E. Morrison seeking to recover damages for injuries sustained by him when the defendant allegedly committed a felonious assault upon plaintiff by shooting […]

304 S.E.2d 439 CARLOS v. MURPHY WAREHOUSE COMPANY, INC. 65401.Court of Appeals of Georgia. DECIDED APRIL 11, 1983. REHEARING DENIED APRIL 27, 1983. BIRDSONG, Judge. Promissory Note. H. A. Fleming made a loan of $7,440 to one Pete Caras taking Caras’ promissory note to be paid in 36 equal Page 407 installments. Before making the […]

625 S.E.2d 422 MATTHIESSEN v. THE STATE. A05A1872.Court of Appeals of Georgia. DECIDED NOVEMBER 21, 2005. RECONSIDERATION DENIED DECEMBER 15, 2005. PHIPPS, Judge. A jury found James Matthiessen guilty of ten counts of theft by taking in a scheme to persuade Cobb County residents to buy tire hauling containers. He appeals, arguing that the trial […]

471 S.E.2d 591 SMITH v. THE STATE A96A1109Court of Appeals of Georgia. DECIDED APRIL 19, 1996 — CERT. APPLIED FOR. BLACKBURN, Judge. On July 19, 1995, Graham Smith was arrested for driving under the influence of alcohol, and an Administrative License Suspension proceeding was initiated. Because the arresting officer failed to appear at the Administrative […]

15 S.E.2d 246 RAINES et al. v. RICE. 28909.Court of Appeals of Georgia. DECIDED JUNE 4, 1941. The court erred in sustaining the demurrer to the petition as amended. DECIDED JUNE 4, 1941. Action for damages; from Terrell superior court — Judge Worrill. December 3, 1940. W. L. Ferguson, for plaintiffs. R. R. Jones, for […]

203 S.E.2d 290 KNICKERBOCKER TAX SYSTEMS, INC. v. TEXACO, INC. 48547.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1973. DECIDED DECEMBER 4, 1973. CLARK, Judge. Does a Georgia corporation have the right to defend an action against it without a lawyer? Is an answer to a complaint on account containing an express denial of the debt […]

556 S.E.2d 925 WIMBUSH v. CONFEDERATE PACKAGING, INC. A01A2413.Court of Appeals of Georgia. DECIDED: DECEMBER 6, 2001. PHIPPS, Judge. A belt drive on Confederate Packaging, Inc.’s cardboard box folding machine caught the pants leg of employee Bernard Wimbush, injuring his foot and destroying his pants and one boot. Wimbush alleges that the accident occurred, in […]

46 S.E.2d 71 HARTLEY v. THE STATE. 31873, 31874.Court of Appeals of Georgia. DECIDED JANUARY 14, 1947. GARDNER, J. Buford Hartley was indicted by the Grand Jury of Laurens County, Georgia, on October 27, 1947, on two charges of murder. He was accused in one indictment of the murder of Mrs. Carolyn Fordham Newmans, and […]

202 S.E.2d 560 ROGERS v. THE STATE. 48705.Court of Appeals of Georgia.ARGUED OCTOBER 2, 1973. DECIDED OCTOBER 18, 1973. REHEARING DENIED NOVEMBER 2, 1973. DEEN, Judge. 1. A statement in an affidavit in support of a search warrant dated February 11, 1972 that “Information is further substantiated by information received on January 19, 1971, by […]

179 S.E.2d 290 FUELS, INC. v. RUTLAND. 45660.Court of Appeals of Georgia.ARGUED SEPTEMBER 17, 1970. DECIDED OCTOBER 30, 1970. REHEARING DENIED NOVEMBER 30, 1970. EVANS, Judge. Rutland, as the plaintiff, filed suit against Fuels, Inc., as defendant, in the Superior Court of Cobb County, for personal injuries and property damage arising out of a collision […]

112 S.E.2d 777 LAWSON v. THE STATE. 38054.Court of Appeals of Georgia. DECIDED JANUARY 21, 1960. TOWNSEND, Judge. A waiver of the right to be heard on the question of whether the bill of exceptions is correct and complete under Code (Ann.) § 6-908.1 prior to certification by the trial judge does not dispense with […]

694 S.E.2d 667 KITCHENS et al. v. BRUSMAN et al. No. A09A1931.Court of Appeals of Georgia. DECIDED MARCH 29, 2010. RECONSIDERATION DENIED APRIL 14, 2010. ADAMS, Judge. In this medical malpractice suit, the plaintiff contends the defendants spoliated evidence. The trial court disagreed, and it denied the plaintiff’s motion for sanctions as a result of […]

661 S.E.2d 658 WILLIAMS v. THE STATE. No. A08A0220.Court of Appeals of Georgia. DECIDED APRIL 24, 2008. JOHNSON, Presiding Judge. After a jury trial, Tony Williams was convicted of armed robbery, obstruction of a law enforcement officer and six counts of aggravated assault. He appeals, challenging the sufficiency of the evidence as to the armed […]

574 S.E.2d 345 GREENWAY INSURANCE AGENCY v. GFA BUSINESS SOLUTIONS, INC. et al. A02A1122.Court of Appeals of Georgia. DECIDED: OCTOBER 29, 2002 Pope, Senior Appellate Judge. Greenway Insurance Agency appeals a verdict entered against it arising out of allegations that it breached an oral agency agreement to procure workers’ compensation insurance on behalf of its […]

223 S.E.2d 275 CARVER v. THE STATE. 51474.Court of Appeals of Georgia.SUBMITTED NOVEMBER 5, 1975. DECIDED JANUARY 7, 1976. PANNELL, Presiding Judge. The defendant was convicted of four counts of burglary. He was sentenced to six years on each count to run concurrently. He appeals the judgment of conviction and sentence. Evidence shows that a […]

294 S.E.2d 719 HOLMES et al. v. THE STATE. 64060.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1982. REHEARING DENIED OCTOBER 6, 1982. POPE, Judge. On February 20, 1980 appellants Holmes and Cleary were observed speeding on Interstate Highway 75 by a trooper of the Georgia State Patrol. After stopping the car and directing the […]

203 S.E.2d 624 PAUL v. MANHATTAN INDUSTRIES, INC. 48509.Court of Appeals of Georgia.ARGUED SEPTEMBER 14, 1973. DECIDED DECEMBER 4, 1973. REHEARING DENIED DECEMBER 18, 1973. EVANS, Judge. Jimmy E. Paul, plaintiff, sued Manhattan Industries, Inc., defendant, for personal injuries. He alleged he suffered personal injuries which resulted from negligence of the defendant in allowing boxes […]

206 S.E.2d 111 COOKE v. THE STATE. 48958.Court of Appeals of Georgia.ARGUED JANUARY 7, 1974. DECIDED MARCH 14, 1974. REHEARING DENIED MARCH 29, 1974. QUILLIAN, Judge. This appeal is controlled by Neal v. State, 131 Ga. App. 460. Judgment affirmed. Bell, C.J., and Clark, J., concur. Page 498 ARGUED JANUARY 7, 1974 — DECIDED MARCH […]

430 S.E.2d 45 BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA v. DANIELS et al. A92A2051.Court of Appeals of Georgia. DECIDED MARCH 3, 1993. RECONSIDERATION DENIED MARCH 29, 1993. COOPER, Judge. In this wrongful death action, we granted appellant’s application for discretionary appeal to determine whether the trial court erred in denying appellant’s motion […]

288 S.E.2d 52 FRED S. JAMES COMPANY OF GEORGIA, INC. v. KING. 62212.Court of Appeals of Georgia. DECIDED NOVEMBER 24, 1981. REHEARING DENIED DECEMBER 10, 1981. SOGNIER, Judge. King, an employee of Cagles’s, Inc., was injured on the job. King filed for, and was awarded, workers’ compensation benefits as a result of the injury. Fred […]

287 S.E.2d 627 CARTER v. THE STATE. 62846.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1981. BANKE, Judge. The appellant was indicted for armed robbery and motor vehicle theft. His first trial ended in a mistrial due to the jury’s inability to reach a verdict. A week later he was tried again and convicted. At […]

279 S.E.2d 348 SUTTON v. THE STATE. 61475.Court of Appeals of Georgia. DECIDED MARCH 20, 1981. SHULMAN, Presiding Judge. Defendant appeals his conviction of rape. We affirm. Defendant’s sole enumeration of error is on the general grounds. “The victim’s testimony that the accused had raped her, coupled with medical evidence and testimony concerning the victim’s […]

514 S.E.2d 710 SMITH v. THE STATE A99A0090.Court of Appeals of Georgia. DECIDED: MARCH 17, 1999 JOHNSON, Chief Judge. A jury found Jerry Smith guilty of homicide by vehicle in the second degree and passing in a no-passing zone. Smith appeals from the judgment of conviction entered upon the jury’s verdict. He contends the trial […]

637 S.E.2d 800 WHITTLE v. THE STATE. Court of Appeals of Georgia. No. A06A1134. DECIDED OCTOBER 24, 2006. BERNES, Judge. Charles Whittle was convicted of driving with an unlawful alcohol content (“DUI”)[1] and speeding[2] following a bench trial in the Cobb County State Court. He appeals his DUI conviction, contending that the trial court erred […]

264 S.E.2d 560 IN RE BROOKINS. 58477.Court of Appeals of Georgia.ARGUED SEPTEMBER 25, 1979. DECIDED JANUARY 15, 1980. QUILLIAN, Presiding Judge. The appellant attorney, Mr. Brookins, was held in contempt of court during his representation of a criminal defendant. He was sentenced to 10 days in jail and to payment of a $975 fine, whereupon […]

495 S.E.2d 329 MILLER v. THE STATE. A97A1808.Court of Appeals of Georgia. DECIDED DECEMBER 30, 1997. Judge Harold R. Banke. In a bench trial, Wesley Miller was convicted of simple battery. He challenges only the sufficiency of the evidence. On appeal, the evidence must be viewed in the light most favorable to the verdict and […]

369 S.E.2d 495 BRYAN COUNTY EMERGENCY MEDICAL SERVICES et al. v. GILL. 76228.Court of Appeals of Georgia. DECIDED APRIL 27, 1988. REHEARING DENIED MAY 12, 1988. BANKE, Presiding Judge. The claimant in this workers’ compensation case suffered a compensable back injury in November of 1977, while working as an emergency medical technician for Bryan County. […]

433 S.E.2d 87 TAYLOR v. THE STATE. A93A0313.Court of Appeals of Georgia. DECIDED JUNE 11, 1993. COOPER, Judge. Appellant was tried with four co-defendants for possession of cocaine. The jury found appellant guilty, and he appeals from the judgment and sentence entered on the jury verdict and the denial of his motion for new trial. […]

345 S.E.2d 897 RIGGINS v. THE STATE. 72153.Court of Appeals of Georgia. DECIDED MAY 22, 1986. SOGNIER, Judge. Riggins appeals from his conviction of two counts of incest, one count of aggravated sodomy, and three counts of child molestation. 1. Appellant contends the trial court erred by overruling his objection to the testimony of the […]

587 S.E.2d 307 WATERS v. STEWART et al. A03A1447.Court of Appeals of Georgia. DECIDED: SEPTEMBER 12, 2003 ELDRIDGE, Judge. This is a medical malpractice action. Donald Waters, M.D., appeals from the Superior Court of Ware County’s denial of Waters’ motion to dismiss, which motion was premised upon Charles and Catherine Stewarts’ alleged failure to comply […]

187 S.E.2d 557 HENDRIX v. THE STATE. 46767.Court of Appeals of Georgia.SUBMITTED JANUARY 5, 1972. DECIDED JANUARY 20, 1972. DEEN, Judge. 1. The mere statement by opposing counsel, “I object” without in any way pointing out for what reason the statement of the witness would be inadmissible, is insufficient to raise a question before the […]

194 S.E.2d 317 BRADDOCK v. THE STATE. 47570.Court of Appeals of Georgia.SUBMITTED OCTOBER 4, 1972. DECIDED NOVEMBER 7, 1972. HALL, Presiding Judge. Defendant appeals from the denial of his motion to suppress evidence obtained by an alleged illegal search. Defendant is a truck driver employed by a man named Christion who owns a truck-tractor. Both […]

678 S.E.2d 545 MOCK v. THE STATE. No. A09A1068.Court of Appeals of Georgia. DECIDED MAY 14, 2009. ELLINGTON, Judge. A Bulloch County jury found Ricky Mock guilty beyond a reasonable doubt of several crimes relating to an attempted armed robbery of a Statesboro restaurant. He appeals from the denial of his motion for new trial, […]

335 S.E.2d 486 AKINS v. THE STATE. 70862.Court of Appeals of Georgia. DECIDED SEPTEMBER 26, 1985. CARLEY, Judge. Following a bench trial, appellant was convicted of driving under the influence of alcohol. He appeals from the judgment of conviction. All of appellant’s enumerations of error challenge the sufficiency of the circumstantial evidence. The evidence adduced […]

550 S.E.2d 730 WOODS v. THE STATE. A01A0408.Court of Appeals of Georgia. DECIDED: JUNE 22, 2001 JOHNSON, Presiding Judge. Barron Woods was convicted of aggravated assault and simple battery for offenses committed against his girlfriend. Although he raises nine enumerations of error, Woods’ challenges to the convictions fall within three categories: the trial court’s allegedly […]

497 S.E.2d 625 REEVES v. THE STATE. A97A2492.Court of Appeals of Georgia. DECIDED MARCH 9, 1998. BIRDSONG, Presiding Judge. T. Reeves appeals his conviction for alternative counts of driving under the influence in Dawson County, Georgia. He was sentenced to a prison term, a fine, and various fees and charges. Reeves contends he was deprived […]

265 S.E.2d 299 ANDERSON v. THE STATE. BONNER v. THE STATE. 58718, 58719.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1979. DECIDED JANUARY 23, 1980. REHEARING DENIED FEBRUARY 12, 1980. CARLEY, Judge. Appellants were indicted and tried jointly on a charge of robbery by force. They were found guilty and received ten-year sentences. Because the issues […]

247 S.E.2d 586 COFER v. SCHULTZ. 56139.Court of Appeals of Georgia.SUBMITTED JUNE 28, 1978. DECIDED JULY 14, 1978. SMITH, Judge. The Department of Public Safety suspended the appellee’s driver’s license for six months on the basis of appellee’s alleged refusal to take an intoximeter breath test as required by the Implied Consent Law. Ga. L. […]

585 S.E.2d 138 JONES v. THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA et al. A03A0242.Court of Appeals of Georgia. Decided July 1, 2003 MIKELL, Judge. Kenneth Jones was employed by Augusta State University (“ASU”) as its Director of Public Safety. ASU terminated Jones’s employment on September 30, 1999. Jones sued the Board […]

559 S.E.2d 99 HUMPHREYS V. THE STATE. A01A2418.Court of Appeals of Georgia. DECIDED: JANUARY 17, 2002 SMITH, Presiding Judge. Samuel David Humphreys was convicted by a jury on charges of child molestation (O.C.G.A. § 16-6-4), enticing a child for indecent purposes (O.C.G.A. § 16-6-5), kidnapping (O.C.G.A. §16-5-40), and possession of a firearm during the commission […]

303 S.E.2d 60 SIMS v. THE STATE. 64596.Court of Appeals of Georgia. DECIDED MARCH 9, 1983. REHEARING DENIED MARCH 24, 1983. SOGNIER, Judge. Appellant was convicted of possession of more than one ounce of marijuana. He appeals on the general grounds. He enumerates eight other errors concerning denial of motions, evidence admitted improperly and failure […]