Category: Georgia Supreme Court Opinions

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. […]

362 S.E.2d 400 TODD v. THE STATE. 75153.Court of Appeals of Georgia. DECIDED OCTOBER 13, 1987. REHEARING DISMISSED NOVEMBER 4, 1987. BANKE, Presiding Judge. Todd was convicted of two counts of theft by receiving stolen property and one count of unlawful possession of protected wildlife. At trial, he did not contest his guilt of the […]

160 S.E.2d 612 JESSUP v. FRANKLIN LIFE INSURANCE COMPANY. 43077.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 8, 1967. DECIDED MARCH 13, 1968. WHITMAN, Judge. Plaintiff (appellant) brought this action to recover under a life insurance policy issued on her husband in which she was the named beneficiary. The policy was Page 390 issued in March 1961 […]

183 S.E.2d 71 CONTROL DATA CORPORATION v. CARLEY. 46222.Court of Appeals of Georgia.ARGUED MAY 6, 1971. DECIDED JUNE 15, 1971. EVANS, Judge. On or about February 22, 1967, Carley sued Control Data Corporation in the Civil Criminal Court of DeKalb County, on a contract, seeking judgment for certain commissions owed to him by the defendant. […]

277 S.E.2d 338 OWEN et al. v. CITY OF ATLANTA. 60976.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1981. CARLEY, Judge. Appellants are homeowners and residents living in close proximity to William B. Hartsfield Atlanta International Airport, a public airport facility owned, maintained and operated by the appellee-City of Atlanta. Appellants brought suit against the […]

574 S.E.2d 896 WIGGINS v. THE STATE. DAVIS v. THE STATE. A02A1996, A02A1997.Court of Appeals of Georgia. DECIDED: DECEMBER 4, 2002 JOHNSON, Presiding Judge. Alvin Wiggins, Vartnie Davis and Yolanda Moody were jointly tried for, and convicted of, trafficking in cocaine. Moody’s conviction was affirmed in a prior appeal that was not officially reported.[1] Wiggins […]

193 S.E.2d 47 HEWITT v. THE STATE. 47371.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 13, 1972. DECIDED SEPTEMBER 27, 1972. CLARK, Judge. This appeal arises out of a conviction for voluntary manslaughter in which defendant was one of four men jointly indicted for the murder of Gary Goddard which arose out of a fracas that apparently […]

310 S.E.2d 13 BLAINE v. THE STATE. 67258.Court of Appeals of Georgia. DECIDED OCTOBER 21, 1983. QUILLIAN, Presiding Judge. The defendant appeals his conviction for burglary. Held: 1. The enumeration of error that the court erred by not excluding defendant’s oral confession is without merit. The defendant urges that the testimony of one officer was […]

234 S.E.2d 169 KESSINGER et al. v. BRADFIELD et al. 53624.Court of Appeals of Georgia.ARGUED MARCH 3, 1977. DECIDED MARCH 15, 1977. WEBB, Judge. Plaintiffs in this case are proceeding against defendants on the theory that they promised plaintiffs to pay the debt of a corporation in which they were interested in consideration of plaintiffs’ […]

145 S.E.2d 621 LANIER v. DYER. 41558.Court of Appeals of Georgia.SUBMITTED OCTOBER 5, 1965. DECIDED OCTOBER 15, 1965. REHEARING DENIED OCTOBER 29, 1965. EBERHARDT, Judge. 1. (a) Where the grantor, or his privy, in a security deed remains in possession of the premises after lawful foreclosure of the deed, he is a tenant at sufferance […]

357 S.E.2d 311 ST. JOHN v. THE STATE. 73641.Court of Appeals of Georgia. DECIDED MAY 14, 1987. McMURRAY, Presiding Judge. Defendant was charged by six indictments with a total of eight (8) counts of cruelty to children and one count of child molestation. On the trial of the case, seven counts of cruelty to children […]

281 S.E.2d 303 GREATER LEASING, INC. v. HILL. 61800.Court of Appeals of Georgia. DECIDED MAY 15, 1981. DEEN, Presiding Judge. The parties to this litigation entered into a written lease/purchase agreement involving an automobile which was eventually repossessed and sold after a series of defaults. The appellant’s complaint sought damages for the difference between the […]

306 S.E.2d 40 IN RE M. G. 66467.Court of Appeals of Georgia. DECIDED JUNE 17, 1983. McMURRAY, Presiding Judge. This appeal was taken from a decision by a juvenile court awarding custody of a minor child. Held: The subject matter of this case falls within the purview of OCGA § 5-6-35 (formerly Code Ann. § […]

226 S.E.2d 805 WILES et al. v. BROTHERS. 52120.Court of Appeals of Georgia.SUBMITTED MAY 5, 1976. DECIDED MAY 12, 1976. WEBB, Judge. In this contested adoption case the petitioners, husband and wife, alleged that they were fit and proper persons to adopt the minor child of the wife by a former marriage, and that they […]

684 S.E.2d 352 IN THE INTEREST OF B. L. L., a child. No. A09A1605.Court of Appeals of Georgia. DECIDED SEPTEMBER 24, 2009. MIKELL, Judge. Adjudicated delinquent based on evidence of having participated in a robbery by sudden snatching, minor B. L. L. appeals, challenging the sufficiency of the evidence. We affirm. In considering a challenge […]

226 S.E.2d 313 O’NEAL v. THE STATE. 52019.Court of Appeals of Georgia.SUBMITTED APRIL 7, 1976. DECIDED APRIL 28, 1976. MARSHALL, Judge. Appellant was indicted, tried and convicted for two violations of the Georgia Controlled Substances Act, namely two separate sales of cocaine to an undercover agent. He was sentenced to five years on each count, […]

111 S.E.2d 109 STALLINGS v. THE STATE. 37856.Court of Appeals of Georgia. DECIDED SEPTEMBER 23, 1959. REHEARING DENIED OCTOBER 5, 1959. CARLISLE, Judge. 1. Where the evidence adduced on the trial of one charged with murder showed that the defendant deliberately fired a pistol across a field and into a woods under circumstances from which […]

402 S.E.2d 554 CITY OF ATLANTA v. J. A. JONES CONSTRUCTION COMPANY et al. A89A1725.Court of Appeals of Georgia. DECIDED JANUARY 17, 1991. BIRDSONG, Presiding Judge. The decision of the Court of Appeals in this case having been reversed by the Supreme Court, City of Atlanta v. J. A. Jones Constr. Co., 260 Ga. 658 […]

253 S.E.2d 406 GARRISON v. HUTTON. 56701.Court of Appeals of Georgia.SUBMITTED OCTOBER 3, 1978. DECIDED JANUARY 25, 1979. REHEARING DENIED FEBRUARY 13, 1979. BANKE, Judge. In this appeal we are called upon to decide whether a 5-week-old infant can suffer a “disability” as that term is used in the Georgia Motor Vehicle Accident Reparations Act. […]

411 S.E.2d 350 IN THE INTEREST OF S.E. M., a child. A91A1170.Court of Appeals of Georgia. DECIDED OCTOBER 9, 1991. COOPER, Judge. On December 31, 1990, appellant, a juvenile, was arrested and detained for obstruction of a law enforcement officer, possession of a firearm while attempting to commit a crime and public drunkenness in connection […]

669 S.E.2d 525 BUTLER v. THE STATE. No. A08A1009.Court of Appeals of Georgia. DECIDED: NOVEMBER 14, 2008. BERNES, Judge. Following a jury trial, Bobby Butler, Jr., was convicted of burglary. He appeals, arguing that the evidence was insufficient to support his conviction and that the trial court erred in admitting evidence of a similar transaction […]

523 S.E.2d 333 BROWN v. THE STATE. A99A0894.Court of Appeals of Georgia. DECIDED: SEPTEMBER 16, 1999. POPE, Presiding Judge. Terrell Brown was tried and convicted of two counts of felony obstruction of an officer and sentenced to consecutive five year terms. On appeal he enumerates four errors. Construed in favor of the verdict, the evidence […]

152 S.E.2d 654 GERSON v. HALEY et al. 42356.Court of Appeals of Georgia.ARGUED OCTOBER 4, 1966. DECIDED NOVEMBER 14, 1966. The petition as amended alleged a cause of action sufficient as against the renewed general and special demurrers. ARGUED OCTOBER 4, 1966 — DECIDED NOVEMBER 14, 1966. Action on note. Fulton Civil Court. Before Judge […]

244 S.E.2d 603 CARNEY v. THE STATE. 55405.Court of Appeals of Georgia.SUBMITTED MARCH 6, 1978. DECIDED APRIL 11, 1978. McMURRAY, Judge. Defendant appeals from the judgment of conviction finding him guilty of burglary in which he was sentenced to serve a term of ten years. Held: The sole enumeration of error is that the court […]

398 S.E.2d 385 JORDAN, JONES GOULDING, INC. v. WILSON. A90A1234.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1990. REHEARING DENIED OCTOBER 23, 1990. CARLEY, Chief Judge. The facts, insofar as they are relevant to this appeal, are as follows: Appellee-plaintiff was injured while inspecting machinery in a plant building. He filed suit against appellant-defendant, a […]

282 S.E.2d 756 SHUMAKE v. THE STATE. 61620.Court of Appeals of Georgia. DECIDED JULY 2, 1981. POPE, Judge. Chester Ricky Shumake was convicted of two counts of burglary. He enumerates as error the trial court’s denial of his motion for a directed verdict of acquittal on both counts and the charge to the jury on […]

528 S.E.2d 864 JACKSON v. THE STATE. A99A2049.Court of Appeals of Georgia. DECIDED: JANUARY 28, 2000. ANDREWS, Presiding Judge. Andre Jackson appeals from the judgment of conviction entered on a jury verdict finding him guilty of criminal trespass. Page 114 The accusation charged Jackson with criminal trespass in violation of OCGA § 16-7-21(b)(2) in that […]

175 S.E.2d 156 MERCHANTS MANUFACTURERS TRANSFER COMPANY, INC. v. AUTO RENTAL LEASING, INC.; and vice versa. 45129, 45130.Court of Appeals of Georgia.ARGUED MARCH 4, 1970. DECIDED APRIL 8, 1970. REHEARING DENIED MAY 7, 1970. 1. The movant failed to show there was no genuine issue of fact as to the issues it sought to settle […]

325 S.E.2d 453 BANKS v. CARTER et al. 68670.Court of Appeals of Georgia. DECIDED NOVEMBER 30, 1984. REHEARING DENIED DECEMBER 17, 1984. SOGNIER, Judge. Barbara Banks brought this action against Melvin Leon Carter and Joseph Pierce for general and punitive damages as a result of a collision between Carter’s automobile, driven by Pierce, and Banks’ […]

533 S.E.2d 413 TOM’S AMUSEMENT COMPANY, INC. v. TOTAL VENDING SERVICES et al. A99A1753.Court of Appeals of Georgia. Decided: March 30, 2000 MILLER, Judge. The primary question on appeal is whether it constitutes tortious interference with contractual and business relations for one company to induce a competitor’s current employee to disclose confidential financial information and […]

587 S.E.2d 279 DAVIS v. BRUNO’S SUPERMARKETS, INC. D/B/A FOODMAX A03A2254.Court of Appeals of Georgia. DECIDED: SEPTEMBER 10, 2003 ELLINGTON, Judge. After falling in a supermarket aisle, Kimberly Davis filed this personal injury suit against Bruno’s Supermarket, d/b/a Foodmax. The trial court granted the store’s motion for summary judgment, finding that no jury issue existed […]

442 S.E.2d 790 KEANUM v. THE STATE. A93A2485.Court of Appeals of Georgia. DECIDED MARCH 7, 1994. RECONSIDERATION DENIED MARCH 30, 1994. COOPER, Judge. Appellant was convicted of three counts of child molestation and appeals from the judgment of conviction and sentence and the denial of his motion for new trial. The charges involved acts allegedly […]

71 S.E.2d 250 GEORGIA RAILROAD BANKING COMPANY v. KNOX. 34044.Court of Appeals of Georgia. DECIDED JUNE 4, 1952. The evidence supported the verdict, and the court did not err in denying the motion for a new trial. DECIDED JUNE 4, 1952. Damages; from McDuffie Superior Court — Judge Perryman. February 20, 1952. W. L. M. […]

421 S.E.2d 725 POPE v. WITTER. A92A0003.Court of Appeals of Georgia. DECIDED JULY 1, 1992. RECONSIDERATION DENIED JULY 23, 1992. BIRDSONG, Presiding Judge. Bob E. Pope appeals from a judgment, based upon a jury verdict, in favor of Richard Witter on Witter’s claims for breach of contract and expenses of litigation. Pope enumerates 18 errors […]

271 S.E.2d 748 DESHAZIER v. THE STATE. 59994.Court of Appeals of Georgia.SUBMITTED JUNE 16, 1980. DECIDED SEPTEMBER 3, 1980. SHULMAN, Judge. Defendant appeals his conviction of two counts of vehicular homicide in the first degree. We affirm. Both counts charged defendant with causing the death of an individual through violations of Code Ann. §§ 68A-901 […]

120 S.E.2d 806 WEBB v. WRIGHT et al. 38800.Court of Appeals of Georgia. DECIDED MAY 8, 1961. REHEARING DENIED JUNE 1, 1961. 1. Where one has a contract with the owner of a house for the remodeling thereof and contracts with another, who exercises an independent business, for the manufacture and installation of a set […]

78 S.E.2d 345 HURT QUINN, INC. v. KEEN. 34843.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1953. 1. The statutory or “Jack Jones” form of pleadings (Ga. L. 1847, p. 490), when applicable, is sufficient to set out a cause of action as against both general and special demurrer. 2. When, however, other evidentiary matter […]

362 S.E.2d 90 MULLIS v. THE STATE. 75396.Court of Appeals of Georgia. DECIDED OCTOBER 1, 1987. REHEARING DENIED OCTOBER 15, 1987. DEEN, Presiding Judge. Larry Wayne Mullis appeals from his conviction of child molestation following the denial of his motion for a new trial. 1. Mullis contends that the trial court erred in allowing the […]

486 S.E.2d 79 CARTER v. THE STATE. A97A0058.Court of Appeals of Georgia. DECIDED APRIL 17, 1997 — CERT. APPLIED FOR. BIRDSONG, PRESIDING JUDGE. Latonya Carter was indicted for the crime of reckless conduct, for throwing bleach onto another person’s face and shoulder. The trial court denied her motion for directed verdict of acquittal under OCGA […]

372 S.E.2d 677 SHERWOOD v. THE STATE. 76749.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1988. POPE, Judge. The defendant, Robert Eugene Sherwood, entered a plea of nolo contendere for the offenses of driving with suspended license, speeding and failure to show proof of insurance. The charge relating to failure to show proof of insurance […]

96 S.E.2d 200 MADDOX et al. v. SMITH et al. 36444.Court of Appeals of Georgia. DECIDED DECEMBER 4, 1956. The plaintiffs’ petition set forth special damages accruing to the plaintiffs, therefore it was not error for the trial court to overrule the general demurrers to the petition, nor was the judgment in favor of the […]

298 S.E.2d 310 REYNOLDS v. LIPOMA. 65027.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1982. McMURRAY, Presiding Judge. This case involves a post judgment garnishment proceeding resulting from a judgment in a child support case. The mother, as plaintiff, brought this garnishment proceeding naming the father as defendant, contending he is $400 in arrears with […]

71 S.E.2d 720 HANSON v. THE STATE. 33966.Court of Appeals of Georgia. DECIDED APRIL 17, 1952. REHEARING DENIED MAY 6, 1952. 1. Under the facts in the record, it was not an abuse of discretion for the trial judge to permit the solicitor-general, on the trial of the defendant for seducing a virtuous, unmarried female, […]

13 S.E.2d 845 ADAMS et al. v. EVANS. ADAMS et al. v. SWEARINGEN. 28744, 28745.Court of Appeals of Georgia. DECIDED MARCH 18, 1941. 1. The verdicts against the defendants Adams in these two cases were not authorized by the evidence. 2, 3, 4, 5. The court erred in charging the jury as shown in divisions […]

504 S.E.2d 245 SUTTON v. WINN DIXIE STORES, INC. A98A1462.Court of Appeals of Georgia. DECIDED JULY 2, 1998 — RECONSIDERATION DENIED JULY 15, 1998. ELDRIDGE, Judge. On Sunday, October 30, 1994, at about 12:15 p.m., Laura Sutton, plaintiff, went to the Winn Dixie Stores, Inc. (“Winn Dixie”) in Rex to shop. Rain had begun the […]

257 S.E.2d 330 CROSS v. THE STATE. 57569.Court of Appeals of Georgia.SUBMITTED APRIL 3, 1979. DECIDED JUNE 5, 1979. McMURRAY, Presiding Judge. This is an out of time appeal resulting from a court order issued in a proceeding for a writ of habeas corpus. Defendant was found to have been an indigent and had been […]

54 S.E.2d 474 WHITLOCK v. WILSON. 32432.Court of Appeals of Georgia. DECIDED JULY 2, 1949. REHEARING DENIED JULY 27, 1949. WORRILL, J. Courts of record retain full control over orders and judgments during the term at which they were made, and, in the exercise of a sound discretion, may revise or vacate them. Such discretion […]

681 S.E.2d 263 RUSHIN et al. v. USSERY. No. A09A0266.Court of Appeals of Georgia. DECIDED JULY 9, 2009. BERNES, Judge. This case arises from an alleged oral contract to make a will. Prior to her death, Leila Rushin filed an action against two of her stepchildren to recover allegedly misappropriated funds. The defendants asserted numerous […]

484 S.E.2d 795 BROWN v. THE STATE. A97A0039.Court of Appeals of Georgia. DECIDED MARCH 27, 1997. SMITH, Judge. Following a bench trial, the trial court convicted Alexander Jerome Brown of giving a false name to a law enforcement officer, OCGA § 16-10-25, and impersonating another in the acknowledgement of recognizance, bail, or judgment, OCGA § […]

583 S.E.2d 274 HESTER v. THE STATE. A03A0738.Court of Appeals of Georgia. DECIDED: JUNE 11, 2003 RUFFIN, Presiding Judge. A jury found Rodney Hester guilty of possessing cocaine, possessing cocaine with intent to distribute, possessing cocaine with intent to distribute within 1,000 feet of a housing project, and attempted bribery. The trial court sentenced Hester […]

263 S.E.2d 478 FOREST MANAGERS, INC. v. WILKES COUNTY et al. 58468.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 5, 1979. DECIDED NOVEMBER 14, 1979. REHEARING DENIED DECEMBER 3, 1979. SHULMAN, Judge. Plaintiff-appellee Wilkes County brought suit upon a contract between first defendant-appellee, Houpt Associates, Inc. (hereinafter “Houpt”) and Wilkes County, and a subcontract thereunder between Houpt […]

153 S.E.2d 447 ROTHENBERG v. LIBERTY MUTUAL INSURANCE COMPANY. 42533.Court of Appeals of Georgia.ARGUED JANUARY 4, 1967. DECIDED JANUARY 11, 1967. A general demurrer was properly sustained to a petition seeking recovery, under a loss of profits or business interruption provision of an insurance policy, of loss of profits alleged to have been sustained by […]

397 S.E.2d 590 GREEN v. THE STATE. A90A1271.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1990. BEASLEY, Judge. Green was convicted of two counts of aggravated assault, OCGA § 16-5-21 (a) (2), and possession of a firearm by a convicted felon, OCGA § 16-11-131. 1. Appellant contends that the trial court erred in failing to […]

613 S.E.2d 7 MARSHALL v. KING MORGENSTERN et al. FIRST AMERICAN TITLE INSURANCE COMPANY v. MARSHALL. A04A2186, A04A2187.Court of Appeals of Georgia. DECIDED FEBRUARY 21, 2005. RECONSIDERATIONS DENIED MARCH 29, 2005. RUFFIN, Chief Judge. After purchasing a home in August 1999, David Marshall discovered a significant title problem relating to his property. He subsequently sued […]

335 S.E.2d 739 HOLLAND v. THE STATE (two cases). 70907, 70908.Court of Appeals of Georgia. DECIDED OCTOBER 4, 1985. CARLEY, Judge. Appellants, husband and wife, appeal from their convictions of two counts of violating the Georgia Controlled Substances Act. 1. Appellants first contend that the trial court erred in failing to direct a verdict of […]

366 S.E.2d 810 BRYANT v. THE STATE. 75759.Court of Appeals of Georgia. DECIDED MARCH 1, 1988. CARLEY, Judge. Appellant was indicted on twelve counts arising from four separate incidents. After the trial court granted his motion for severance of offenses, appellant was tried on charges of burglary, rape, and armed robbery stemming from one of […]

530 S.E.2d 750 ALMOND v. THE STATE. A99A1631.Court of Appeals of Georgia. DECIDED: MARCH 9, 2000. MILLER, Judge. Terri Almond was charged with possession of cocaine based on evidence an officer acquired during a traffic stop. She moved to suppress this evidence, arguing that at the time the officer obtained the evidence he had, without […]

296 S.E.2d 628 MULLINS v. THE STATE. 64467.Court of Appeals of Georgia. DECIDED OCTOBER 15, 1982. DEEN, Presiding Judge. Hubert Mullins was convicted of escape from the Lowndes County Correctional Institute. No enumeration of errors or brief has been filed although this court ordered him to file these documents no later than June 21, 1982, […]

100 S.E.2d 637 RIVERS et al. v. MATHEWS. 36882.Court of Appeals of Georgia. DECIDED OCTOBER 22, 1957. QUILLIAN, J. 1. The petition alleges that the publication upon which the cause is based was made by an employee of either a named person, partnership, or corporation. The alternative allegation that such person was the employee of […]

193 S.E.2d 231 BROOKS v. WILLIAMS. 47449.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 14, 1972. DECIDED OCTOBER 16, 1972. 1. An appeal from a judgment based on a jury verdict, reciting that a motion for new trial was made and overruled on a given date, is not rendered moot by an enumeration of error on a […]

370 S.E.2d 45 WILLIAMS v. PARADISE MANAGEMENT, INC. 76272.Court of Appeals of Georgia. DECIDED MAY 31, 1988. BANKE, Presiding Judge. This is a dispossessory action brought against the appellant by the appellee. On May 1, 1986, the appellant was given 60 days notice of the termination of her tenancy, based on her alleged noncompliance with […]

354 S.E.2d 171 KETCHAM et al v. THE STATE. 73310.Court of Appeals of Georgia. DECIDED FEBRUARY 3, 1987. REHEARING DENIED FEBRUARY 25, 1987. CARLEY, Judge. Appellants Bonnie and Edwin Ketcham were tried before a jury on an indictment which charged them jointly with the offense of theft by taking. The jury found appellants guilty. Appellants […]

403 S.E.2d 253 FULTON COUNTY v. DANGERFIELD et al. A89A2330.Court of Appeals of Georgia. DECIDED FEBRUARY 12, 1991. BEASLEY, Judge. On certiorari our decision affirming the trial court i Fulton County v. Dangerfield, 195 Ga. App. 208 (393 S.E.2d 285) (1990) was reversed in part in Fulton County v. Dangerfield, 260 Ga. 665 (398 S.E.2d […]

336 S.E.2d 333 CARLETON v. THE STATE. 70505.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1985. SOGNIER, Judge. Appellant was convicted of two counts of driving under the influence of alcohol. On appeal he contends the trial court erred by requiring appellant to stand trial without a jury after a trial by jury had been […]

227 S.E.2d 821 GARMON v. DELTA AIR LINES, INC. 51930.Court of Appeals of Georgia.ARGUED MARCH 1, 1976. DECIDED MAY 19, 1976. PANNELL, Presiding Judge. The plaintiff brought suit against the defendant to recover for loss of consortium and for the wrongful death of her husband. Plaintiff’s cause of action was based on the same incident […]

231 S.E.2d 826 ALLEN v. STATE PERSONNEL BOARD et al. 52774.Court of Appeals of Georgia.ARGUED OCTOBER 12, 1976. DECIDED NOVEMBER 22, 1976. REHEARING DENIED DECEMBER 14, 1976. QUILLIAN, Presiding Judge. This case arose when the appellant, an employee, was dismissed by the Georgia Department of Public Safety. The decision to discharge was upheld on a […]

432 S.E.2d 677 RAULS v. THE STATE. A93A0509.Court of Appeals of Georgia. DECIDED JUNE 17, 1993. SMITH, Judge. James Franklin Rauls was tried before a jury and found guilty of one count of selling crack cocaine. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s verdict of […]

263 S.E.2d 247 HILL v. NORTH AMERICAN COMPANY et al. 58342.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 24, 1979. DECIDED NOVEMBER 21, 1979. UNDERWOOD, Judge. The plaintiff-appellant, Hill, contends that he renewed his fire insurance policy by making a premium payment to Raymond Moon and subsequently suffered a loss which the insurer failed to pay contending […]

17 S.E.2d 89 ATLANTA FLOUR AND GRAIN COMPANY v. FIRST NATIONAL BANK OF WACO, TEXAS. 29048.Court of Appeals of Georgia. DECIDED OCTOBER 18, 1941. The court did not err in sustaining the general demurrer to the petition, and in dismissing the action. DECIDED OCTOBER 18, 1941. Complaint; from Fulton civil court — Judge Hathcock. March […]

95 S.E.2d 752 M. B. THOMAS AUTO SALES COMPANY, INC., v. ABNEY et al. 36273.Court of Appeals of Georgia. DECIDED NOVEMBER 5, 1956. REHEARING DENIED NOVEMBER 19, 1956. It was error for the court to disallow the amendment and to dismiss the petition. DECIDED NOVEMBER 5, 1956 — REHEARING DENIED NOVEMBER 19, 1956. Trover for […]

434 S.E.2d 716 RUSSELL CORPORATION et al. v. BANCBOSTON FINANCIAL COMPANY. A93A0513.Court of Appeals of Georgia. DECIDED JUNE 23, 1993. RECONSIDERATION DENIED JULY 26, 1993. SMITH, Judge. The Russell Corporation and Gulf South Petroleum, Inc., (the companies) engaged in the petroleum wholesale business. In 1985, BancBoston Financial Company (the bank) established a revolving line of […]

648 S.E.2d 670 DAVIS v. THE STATE. No. A07A0805.Court of Appeals of Georgia. DECIDED JUNE 22, 2007. PHIPPS, Judge. In February 1996, Kenorris Davis pleaded guilty to rape, aggravated assault, and two counts of kidnapping. More than ten years later, he moved for an out-of-time appeal to challenge his convictions. He also requested an evidentiary […]

236 S.E.2d 872 CHILIVIS v. CLEVELAND ELECTRIC COMPANY OF GEORGIA, INC. 53900.Court of Appeals of Georgia.ARGUED MAY 9, 1977. DECIDED JUNE 15, 1977. REHEARING DENIED JULY 7, 1977. SHULMAN, Judge. Appellee, Cleveland Electric Co. of Georgia, Inc., is an electrical contracting company and a taxpayer. The state revenue commissioner, appellant in this action, made an […]

667 S.E.2d 631 IN THE INTEREST OF D. W. et al., children. No. A08A1511.Court of Appeals of Georgia. DECIDED AUGUST 28, 2008. SMITH, Presiding Judge. Represented by a guardian ad litem, seven-year-old D. W., six-year-old C. W., and four-year-old J. W. appeal from the juvenile court’s order finding insufficient evidence to support the termination of […]

710 S.E.2d 884 WILLIAMS v. THE STATE. No. A11A0801.Court of Appeals of Georgia. DECIDED MAY 26, 2011. MCFADDEN, Judge. In Williams v. State, 301 Ga. App. 731 (688 SE2d 650) (2009), we affirmed Adam J. Williams’s convictions of two counts of felony obstruction of a law enforcement officer, but remanded the case to the trial […]

626 S.E.2d 206 ROBERTSON v. THE STATE. A05A1603.Court of Appeals of Georgia. DECIDED JANUARY 17, 2006. MIKELL, Judge. After a jury trial, Randy Jerome Robertson was convicted of robbery, attempting to elude, no tag, and obstruction of an officer. Robertson’s co-defendant, Arthur Lee, was also convicted of robbery and obstruction of an officer.[1] On appeal, […]

291 S.E.2d 425 WILLIAMS et al. v. THE STATE. 63452.Court of Appeals of Georgia. DECIDED MAY 13, 1982. CARLEY, Judge. Appellants were tried under an indictment purportedly alleging the crime of arson in the first degree. At the close of the evidence, Page 351 appellants moved for a directed verdict of acquittal on the ground […]

270 S.E.2d 404 MURDOCK v. GODWIN. 59246.Court of Appeals of Georgia.ARGUED JANUARY 16, 1980. DECIDED JUNE 11, 1980. McMURRAY, Presiding Judge. In April, 1974, Edwin L. Godwin purchased a used car (1973 Chevrolet Monte Carlo) from Leon Murdock, a used car dealer, receiving an express guarantee of clear title. On February 17, 1977, plaintiff was […]

303 S.E.2d 754 LEGGETT v. THE STATE. 65355.Court of Appeals of Georgia. DECIDED APRIL 5, 1983. SOGNIER, Judge. Appellant’s probation was revoked for several violations of the rules and regulations of the Waycross Diversion Center. His attorney Page 192 filed a motion to withdraw as counsel pursuant to Anders v. California, 386 U.S. 738 (87 […]

70 S.E.2d 94 HOOD v. JACKSON. 33986.Court of Appeals of Georgia. DECIDED MARCH 19, 1952. FELTON. J. In a prior hearing of this case (Hood v. Jackson, 81 Ga. App. 465. 59 S.E.2d. 45), this court reversed the lower court and the remittitur to the lower court read: “. . it is considered and adjudged […]

231 S.E.2d 785 OLD STONE MORTGAGE REALTY TRUST et al. v. NEW GEORGIA PLUMBING, INC. 52595.Court of Appeals of Georgia.ARGUED SEPTEMBER 20, 1976. DECIDED OCTOBER 20, 1976. REHEARING DENIED DECEMBER 8, 1976. 1. Where title to real property is conveyed to a lender by a duly recorded deed to secure debt, and the lender takes […]

440 S.E.2d 740 TUGGLE v. THE STATE. A94A0335.Court of Appeals of Georgia. DECIDED FEBRUARY 4, 1994. BIRDSONG, Presiding Judge. Clarence Edward Tuggle was convicted of two counts of child molestation of his then four or five-year-old granddaughter H. M. and Page 855 acquitted of three other child molestation counts. Held: 1. Appellant’s claim of insufficiency […]

338 S.E.2d 757 MILNER v. MILNER. 71096.Court of Appeals of Georgia. DECIDED DECEMBER 3, 1985. CARLEY, Judge. Appellee instituted proceedings seeking to modify a prior divorce decree which had awarded to appellant exclusive custody of the minor child of the parties. The trial court entered an order making substantial modifications in the previous custody award. […]

202 S.E.2d 471 CONCORD GROUP INSURANCE COMPANY v. TERRY. 48383.Court of Appeals of Georgia.ARGUED JULY 3, 1973. DECIDED SEPTEMBER 20, 1973. REHEARING DENIED OCTOBER 17, 1973. QUILLIAN, Judge. Cecil Terry (hereinafter referred to as appellee) Page 14 filed an action against the Concord Group Insurance Company (hereinafter referred to as appellant) seeking to recover damages […]

632 S.E.2d 723 SIMON v. THE STATE. A06A0324.Court of Appeals of Georgia. DECIDED JUNE 16, 2006. RUFFIN, Chief Judge. Leroy Simon appeals his conviction for child molestation. He argues that the trial court erred in finding that his custodial statement was freely and voluntarily given, admitting e-mail messages that were not properly authenticated, and failing […]

367 S.E.2d 241 STRICKLAND v. AMERICAN HOME ASSURANCE COMPANY. 75227.Court of Appeals of Georgia. DECIDED MARCH 3, 1988. REHEARINGS DENIED MARCH 18, 1988. SOGNIER, Judge. Angela Strickland appeals from the trial court’s grant of partial summary judgment in favor of American Home Assurance Company on her claim for penalties, attorney fees and punitive damages pursuant […]

707 S.E.2d 503 NEAL v. THE STATE. No. A10A2326.Court of Appeals of Georgia. DECIDED FEBRUARY 22, 2011. RECONSIDERATION DENIED MARCH 18, 2011. ADAMS, Judge. Willie Henry Neal was convicted of rape and sentenced to life in prison without parole. He appeals the judgment and the denial of his Page 552 amended motions for new trial. […]

524 S.E.2d 244 SWANIGAN et al. v. LEROUX. A99A1705.Court of Appeals of Georgia. DECIDED: OCTOBER 28, 1999. McMURRAY, Presiding Judge. Plaintiffs Cordelia Swanigan, Mamie E. Swanigan and Kirby Choates appeal from an order granting defendant Roger Leroux’s motion for summary judgment based on insufficient service of process under Georgia’s Nonresident Motorist Act, OCGA § 40-12-1 […]

305 S.E.2d 484 JARMAN v. HINSON et al. 65859.Court of Appeals of Georgia. DECIDED JUNE 1, 1983. REHEARING DENIED JUNE 15, 1983. SHULMAN, Chief Judge. Appellant Jarman, appellee Hinson, and a nonparty to the case formed Grabber Manufacturing Company in 1972 to manufacture and sell appellant’s invention. In 1972, 1974, and 1979, the parties entered […]

597 S.E.2d 497 MALLON v. THE STATE. A04A0019.Court of Appeals of Georgia. DECIDED MARCH 19, 2004. ADAMS, Judge. In Mallon v. State, 253 Ga. App. 51 (557 SE2d 409) (2001), we affirmed William Daniel Mallon’s convictions for aggravated assault, Page 395 terroristic threats, and battery and remanded the case for a hearing on Mallon’s claim […]

181 S.E.2d 316 SPEARMAN et al. v. LOTHRIDGE et al. 45756.Court of Appeals of Georgia.ARGUED NOVEMBER 9, 1970. DECIDED MARCH 5, 1971. BELL, Chief Judge. In this wrongful death case, the jury returned a verdict for defendants. The plaintiffs appeal from the order denying their amended motion for new trial. On appeal only five of […]

267 S.E.2d 845 PICKELSEIMER v. THE STATE. 59113.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1980. DECIDED MARCH 21, 1980. REHEARING DENIED APRIL 3, 1980. SMITH, Judge. Appellant was convicted of molesting his niece’s seven-year-old daughter. He enumerates as error: 1) the admission of certain hearsay statements of the daughter and 2) the admission of a […]

426 S.E.2d 23 SMITH v. THE STATE. A92A1491.Court of Appeals of Georgia. DECIDED NOVEMBER 17, 1992. RECONSIDERATION DENIED DECEMBER 2, 1992. ANDREWS, Judge. Smith was tried and convicted of aggravated sodomy arising out of his acts against his stepchild, and he appeals. 1. In his first enumeration of error, Smith contends that the trial court […]

208 S.E.2d 172 DAVIS v. THE STATE. 49484.Court of Appeals of Georgia.SUBMITTED JUNE 26, 1974. DECIDED JULY 10, 1974. STOLZ, Judge. The defendant was convicted of the offense of burglary and appeals from the denial of his motion for new trial based on general grounds only. The dwelling in question is the apartment of Barry […]

535 S.E.2d 292 MOSS v. THE STATE. A00A1176.Court of Appeals of Georgia. DECIDED: May 31, 2000. McMURRAY, Senior Appellate Judge. Defendant was convicted of two counts of aggravated child molestation and one count of child molestation involving his wife’s natural daughter at a Henry County bench trial in the superior court where the relevant facts […]

155 S.E.2d 676 JOHN C. JACKSON, INC. v. HATCH. 42711.Court of Appeals of Georgia.ARGUED APRIL 3, 1967. DECIDED APRIL 7, 1967. REHEARING DENIED APRIL 21, 1967. 1. A petition seeking damages for fraud and deceit is not subject to general demurrer where all requisite elements of the action are alleged. 2. Exemplary damages are recoverable […]

474 S.E.2d 199 PERRY v. THE STATE. A96A0860.Court of Appeals of Georgia. DECIDED JUNE 25, 1996 — RECONSIDERATION DENIED AUGUST 8, 1996. SMITH, Judge. Christopher Kenneth Perry appeals from the judgment of conviction and sentence entered on a jury verdict finding him guilty of child molestation.[1] In his sole enumeration of error, he contends the […]

16 S.E.2d 786 DACUS v. DICKINSON TRUST COMPANY. 29176.Court of Appeals of Georgia. DECIDED SEPTEMBER 27, 1941. SUTTON, J. The petition alleged that the plaintiff was a roomer in a house rented by a tenant from the defendant owner, and that as such roomer her invitation to use the premises extended to the hallways, yards, […]