Category: Georgia Supreme Court Opinions

251 S.E.2d 294 THOMAS v. THE STATE. WIMS v. THE STATE. 33932, 33933.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1978. DECIDED DECEMBER 5, 1978. REHEARING DENIED DECEMBER 19, 1978. HALL, Justice. Appellants Charlie Lee Thomas and Marvin Lee Wims were convicted in 1977 in Fulton County Superior Court of the murder and armed robbery of Ernest […]

180 S.E.2d 94 JOHNSON v. THE STATE. 26251.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1971. DECIDED JANUARY 21, 1971. GRICE, Justice. This appeal is from a judgment of conviction and sentence for child molestation, in which constitutional questions are sought to be raised. The notice of appeal was filed 61 days after the entry of such […]

193 S.E.2d 619 GILES v. AULT. 27422.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1972. DECIDED OCTOBER 5, 1972. MOBLEY, Chief Justice. In this pro se petition for writ of habeas corpus, the petitioner at the hearing before the trial court testified that his attorney assured him, prior to the entering of his plea of guilty, that […]

259 S.E.2d 464 PARRISH v. THE STATE. 35073.Supreme Court of Georgia.SUBMITTED JUNE 22, 1979. DECIDED SEPTEMBER 10, 1979. PER CURIAM. The defendant was found guilty of murder and sentenced to life in prison. On appeal he contends solely that the verdict is contrary to the evidence and without evidence to support it. The defendant’s wife, […]

135 S.E.2d 435 THOMAS v. ADRIAN FINANCE CORPORATION et al. 22311.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1964. DECIDED FEBRUARY 10, 1964. REHEARING DENIED MARCH 5, 1964. GRICE, Justice. The only assignment of error in this case is on the sustaining of a plea to the jurisdiction. It is controlled adversely to the plaintiff in error […]

359 S.E.2d 669 IN THE MATTER OF MARK S. GRAY. SUPREME COURT DISCIPLINARY NOS. 536, 537, 543.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1987. PER CURIAM. The Investigative Panel of the State Disciplinary Board brought three separate disciplinary proceedings against Mark S. Gray, charging him in each proceeding with violations of Standards 4, 23, 44, […]

314 S.E.2d 897 SKINNER v. SKINNER. 40823.Supreme Court of Georgia. DECIDED APRIL 25, 1984. HILL, Chief Justice. We are called upon to consider the application of our decision in Daniel v. Daniel, 239 Ga. 466 (238 S.E.2d 108) (1977), to the facts of this case. In Daniel we held that in certain rare instances where […]

26 S.E.2d 424 GUESS v. MORGAN et al. 14546.Supreme Court of Georgia. JUNE 14, 1943. 1. An exception to refusal to award a nonsuit will not be considered where the jury has rendered a verdict against the defendant, and exception is taken to refusal to grant a new trial on the ground that the verdict […]

56 S.E.2d 505 CLEMENTS v. HOLLINGSWORTH, executrix. 16795.Supreme Court of Georgia. NOVEMBER 14, 1949. REHEARING DENIED DECEMBER 1, 1949. 1. Where, by decisions of this court reviewing judgments on demurrers to pleadings, certain deficiencies of the pleadings are pointed out in our opinion, an amendment allowed and filed in due time, precisely pleading the matters […]

93 S.E.2d 685 KIRCHMAN v. KIRCHMAN. 19390.Supreme Court of Georgia.ARGUED JUNE 12, 1956. DECIDED JULY 10, 1956. 1. A mere privilege to sue at law, or the existence of a common-law remedy not as complete or effectual as the equitable relief, shall not deprive equity of jurisdiction. Code § 37-120. 2. Equity has jurisdiction to […]

154 S.E.2d 203 DEKALB COUNTY v. McFARLAND et al. 23918.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1967. DECIDED MARCH 9, 1967. 1. A general demurrer goes to the whole pleading to which it is addressed and should be overruled if any part thereof is good in substance. 2. The plaintiff’s petition states a cause of action […]

201 S.E.2d 416 ESSUON v. RAYNOR. 28305.Supreme Court of Georgia.ARGUED OCTOBER 10, 1973. DECIDED OCTOBER 25, 1973. INGRAM, Justice. The appellant filed a complaint in DeKalb Superior Court seeking injunctive relief to prevent the appellee from selling certain improved realty, alleged to be described in Exhibit “A” attached to the complaint, which the complainant claimed […]

491 S.E.2d 368 BURKS v. THE STATE. S97A1676.Supreme Court of Georgia. DECIDED OCTOBER 14, 1997 HUNSTEIN, Justice. Charlie Frank Burks was convicted of two counts of felony murder, three counts of aggravated assault, and five counts of possession of a firearm during the commission of a crime. He appeals from the judgment and sentence entered […]

546 S.E.2d 472 BUTTS v. THE STATE. S01P0284.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 SEARS, Justice. A jury found Robert Earl Butts, Jr., guilty of malice murder, felony murder, armed robbery, hijacking a motor vehicle, possession of a firearm during the commission of a crime, and possession of a Page 761 sawed-off shotgun.[1] The […]

427 S.E.2d 264 PEL ASSO, INC. et al. v. JOSEPH et al. S92A1260.Supreme Court of Georgia. DECIDED MARCH 18, 1993. BENHAM, Justice. This appeal is from an order denying appellants an injunction against enforcement of an ordinance enacted by the City of LaGrange for the expressed purpose of suppressing the secondary effects associated with business […]

9 S.E.2d 765 McCALL v. ASBURY et al. 13319.Supreme Court of Georgia. JUNE 13, 1940. 1. The Code, § 60-302, declaring that the preliminary report of the examiner “shall be prima facie evidence of the contents thereof,” and the said report containing an abstract of title “as shown by the public records and so far […]

53 S.E.2d 98 VEACH, executrix, et al. v. VEACH et al. 16526.Supreme Court of Georgia. APRIL 12, 1949. 1. The question of whether a vested or contingent remainder is created by a provision of a will must be decided under the law of the State where the real property devised is situated. 2. Under the […]

50 S.E.2d 611 WYNNDAM COURT APARTMENT COMPANY INC. v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ATLANTA et al. 16429.Supreme Court of Georgia. NOVEMBER 17, 1948. The allegations of the petition were not sufficient to state a cause of action when tested by the rule that the allegations of a pleading will be construed most […]

102 S.E.2d 43 THOMPSON v. DOVE. 19942.Supreme Court of Georgia.ARGUED JANUARY 13, 1958. DECIDED FEBRUARY 10, 1958. DUCKWORTH, Chief Justice. The final judgment based upon the verdict of a jury is excepted to without any motion for a new trial having been filed, and the assignment of error thereon is that it is erroneous and […]

194 S.E.2d 448 BOSWELL v. CITY OF VALDOSTA. 27368.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1972. DECIDED NOVEMBER 9, 1972. REHEARING DENIED NOVEMBER 30, 1972. HAWES, Justice. The appeal here is from the order and judgment of the Superior Court of Lowndes County refusing Page 753 to enjoin the enforcement of an ordinance of the City […]

468 S.E.2d 361 BRYANT v. COLE S96A0111Supreme Court of Georgia. DECIDED APRIL 8, 1996 HINES, Justice. This appeal arises from a judgment denying Debra Bryant’s petition for declaratory judgment and contempt against her former husband, Roy Cole, for failing to make mortgage payments according to the terms of a “Contract and Agreement” between the parties, […]

272 S.E.2d 274 DERISO et al. v. COOPER et al. 36631.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1980. DECIDED OCTOBER 8, 1980. NICHOLS, Justice. After grant of an application for interlocutory appeal, the Sumter County School Board appeals an order refusing to dismiss a complaint brought by school patrons who allege that their children are being […]

200 S.E.2d 264 CLARKE v. CITY OF ATLANTA et al. 28025.Supreme Court of Georgia.ARGUED JULY 10, 1973. DECIDED SEPTEMBER 6, 1973. REHEARING DENIED SEPTEMBER 19, 1973. GRICE, Presiding Justice. This appeal results from a complaint by a property owner alleging in essence that certain adjacent property owned by two of the defendants had been illegally […]

338 S.E.2d 262 EDDY v. THE STATE. 42682.Supreme Court of Georgia. DECIDED JANUARY 7, 1986. HILL, Chief Justice. The defendant in this case, Marvin Wayne Eddy, was convicted of the murder of the five-year-old son of his girl friend with whom he lived. He received a life sentence and appeals.[1] The evidence showed that, after […]

113 S.E.2d 766 JACKSON v. JACKSON; and vice versa. 20817, 20822.Supreme Court of Georgia.ARGUED MARCH 15, 1960. DECIDED APRIL 7, 1960. Whether embraced in the deed or a separate verbal agreement never to convey the property to anyone not bearing the Jackson Page 850 name, such condition is illegal and void, inhibiting alienation of the […]

117 S.E.2d 453 HACKNEY v. TENCH et al. 20985.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1960. DECIDED NOVEMBER 10, 1960. REHEARING DENIED NOVEMBER 22, 1960. QUILLIAN, Justice. By a written agreement between a husband and his wife, in contemplation of their divorce pending in the Superior Court of Fulton County, their two minor children, of the […]

223 S.E.2d 662 BRYANT v. BRYANT. 30645.Supreme Court of Georgia.SUBMITTED DECEMBER 29, 1975. DECIDED FEBRUARY 11, 1976. HALL, Justice. The determinative point in this suit by an administrator to cancel certain deeds by deceased alleged to have been procured by fraud, is that the trial court committed error by dismissing the complaint for failure to […]

268 S.E.2d 906 STEWART v. THE STATE. 35849.Supreme Court of Georgia.ARGUED JANUARY 22, 1980. DECIDED JUNE 25, 1980. HILL, Justice. Rosie Stewart was indicted by the grand jury of Chattooga County in February, 1979, for the offense of fraud in obtaining public assistance, as follows: “For that the said Rosie Stewart did on or about […]

539 S.E.2d 127 FREEMAN v. THE STATE. S00A1642.Supreme Court of Georgia. DECIDED: NOVEMBER 13, 2000. THOMPSON, Justice. Antonio Freeman was convicted by a jury of the felony murder of Aaron Pounds, Jr.; aggravated assault against Brandon and Christopher Pounds (two counts); and burglary.[1] On appeal, Freeman Page 138 submits that the trial court erroneously allowed […]

185 S.E.2d 379 ROBERTS v. HOLLAND. McMILLAN v. SMITH. 26774, 26787.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1971. DECIDED OCTOBER 21, 1971. GRICE, Justice. Each of these appeals is from an adverse ruling upon a petition seeking the writ of habeas corpus. The enumerations of error were not filed within 20 days from the docketing of […]

126 S.E.2d 783 CONTINENTAL CASUALTY COMPANY et al. v. BUMP. 21706.Supreme Court of Georgia.ARGUED JUNE 13, 1962. DECIDED JULY 2, 1962. REHEARING DENIED JULY 16, 1962. QUILLIAN, Justice. This is a workmen’s compensation case in which the employer, Allan Wesley Contractors, and its insurance carrier, Continental Casualty Company, entered into an agreement under the provisions […]

612 S.E.2d 797 WILSON v. WILSON. S05A0555.Supreme Court of Georgia. DECIDED MAY 9, 2005. HUNSTEIN, Justice. This marks the second appearance of this case in our Court. Se Wilson v. Wilson, 277 Ga. 801 (596 SE2d 392) (2004). While that appeal from a Spalding County order was pending, appellant Brenda Wilson filed an action to […]

19 S.E.2d 276 GAMBLE v. GAMBLE, et al. 14040.Supreme Court of Georgia. MARCH 11, 1942. Where a judgment sustains certain grounds of a demurrer and provides that the petitioner shall have thirty days to amend to meet the grounds of the demurrer, and that in default of such amendment the petition shall stand dismissed, and […]

196 S.E.2d 406 DANIEL v. AULT. 27687.Supreme Court of Georgia. DECIDED MARCH 8, 1973. The trial court did not err in remanding the appellant to custody. Page 383 Judgment affirmed. All the Justices concur. DECIDED MARCH 8, 1973. Habeas corpus. Butts Superior Court. Before Judge Sosebee. James K. Daniel, pro se. Arthur K. Bolton, Attorney […]

160 S.E.2d 346 WEATHERS BROTHERS TRANSFER COMPANY, INC. v. LOYD. 24481.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1968. DECIDED MARCH 7, 1968. REHEARING DENIED MARCH 21, 1968. Covenants of title in deeds do not extend beyond the description of the lands as given in them. ARGUED FEBRUARY 13, 1968 — DECIDED MARCH 7, 1968 — REHEARING […]

160 S.E.2d 374 CITY OF GAINESVILLE v. LOGGINS. 24439.Supreme Court of Georgia.ARGUED FEBRUARY 12, 1968. DECIDED MARCH 7, 1968. Under the mandate of the Constitution, that private property cannot be taken or damaged for public use without first paying just and adequate compensation to the owner, the payment of the amount of a jury verdict […]

377 S.E.2d 158 SMITH v. THE STATE. 45967.Supreme Court of Georgia. DECIDED MARCH 16, 1989. RECONSIDERATION DENIED MARCH 29, 1989. BELL, Justice. The appellant, Michael Smith, was convicted of rape, statutory rape, child molestation, and cruelty to children, and was sentenced to terms of imprisonment. Smith appeals and we reverse.[1] The main issue Page 136 […]

282 S.E.2d 640 WARD v. THE STATE. 37306.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1981. HILL, Presiding Justice. On August 21, 1980, defendant was indicted for three counts of violating the Controlled Substances Act (Ga. L. 1974, pp. 221, 223; Code Ann. Ch. 79A-8), and one count of violating the Dangerous Drug Act (Ga. L. […]

239 S.E.2d 366 FOUTS v. THE STATE. 32637.Supreme Court of Georgia.ARGUED SEPTEMBER 19, 1977. DECIDED OCTOBER 25, 1977. NICHOLS, Chief Justice. The appellant, Ronald Terry Fouts, was convicted on March 3, 1977 for the January 10, 1977 murders of Randy Reeves and Stanley Dorsey and for theft by taking. Mrs. Reeves testified that on the […]

610 S.E.2d 50 ABDULKADIR v. THE STATE. S04G0747.Supreme Court of Georgia. DECIDED MARCH 7, 2005. RECONSIDERATION DENIED MARCH 28, 2005. SEARS, Presiding Justice. Certiorari was granted to consider the Court of Appeals’ ruling that the proscriptions set forth in Georgia’s rape shield statute are applicable in prosecutions for child molestation.[1] Because the language of the […]

669 S.E.2d 127 ACEVEDO v. KIM. No. S08A0798.Supreme Court of Georgia. DECIDED NOVEMBER 3, 2008. RECONSIDERATION DENIED NOVEMBER 17, 2008. SEARS, Chief Justice. This Court granted Deiby “Dave” Acevedo’s application for permission to pursue a discretionary appeal from a declaratory judgment by the Muscogee County Superior Court in favor of his former wife, YongMi Kim, […]

227 S.E.2d 265 CULBERSON v. CULBERSON. 31313.Supreme Court of Georgia.SUBMITTED JULY 2, 1976. DECIDED JULY 15, 1976. NICHOLS, Chief Justice. Under the decision in Knox v. Knox, 225 Ga. 481 (169 S.E.2d 805) (1969); Potts v. Potts, 229 Ga. 827 (194 S.E.2d 471) (1972); and White v. White, 233 Ga. 289 (210 S.E.2d 817) (1974), […]

477 S.E.2d 110 KELLY v. THE STATE. S96A1402.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1996. HUNSTEIN, Justice. Osceola Kelly was indicted on charges of murder, felony murder, two counts of kidnapping, and aggravated assault, arising out of the death of Aisha Heard and injuries to Jamina Bolston and Kelly’s codefendant, William Berry. Following a joint […]

354 S.E.2d 420 CHADWICK v. GWINNETT COUNTY et al. 44124.Supreme Court of Georgia. DECIDED APRIL 8, 1987. RECONSIDERATION DENIED APRIL 29, 1987. SMITH, Justice. The Gwinnett County Superior Court granted the appellee county’s motion for summary judgment against the appellant, Henry Chadwick. Chadwick raises two issues on appeal. We affirm. Chadwick, as administrator of the […]

621 S.E.2d 449 DAKER v. WILLIAMS. S05A1300.Supreme Court of Georgia. DECIDED OCTOBER 24, 2005. MELTON, Justice. Following the denial of his petition for writ of habeas corpus, Waseem Daker appeals, contending that his conviction by a jury for aggravated stalking is void because, prior to the time that a final judgment was entered on his […]

102 S.E.2d 580 COX v. ZUCKER et al. 19969.Supreme Court of Georgia.ARGUED JANUARY 16, 1958. DECIDED MARCH 7, 1958. REHEARING DENIED MARCH 21, 1958. 1. A prerequisite for an interlocutory judgment granting or denying an injunction to affect or control the case on final trial, even when it is based upon pure law, is an […]

642 S.E.2d 824 CITY OF ROSWELL et al. v. FELLOWSHIP CHRISTIAN SCHOOL, INC. No. S07A0214.Supreme Court of Georgia. DECIDED MARCH 26, 2007. CARLEY, Justice. Fellowship Christian School (FCS) applied to the City of Roswell (City) for a conditional use permit (Permit) to construct several new buildings, including a 1500-seat football stadium. A number of residents […]

57 S.E.2d 675 DENSMORE v. WEST et al., trustees. 16935.Supreme Court of Georgia. FEBRUARY 16, 1950. HAWKINS, Justice. W. G. Densmore filed his petition in the Superior Court of Fulton County, Georgia, against B. Graham West and others as trustees of the Atlanta Police Pension Fund, seeking by mandamus to compel the board of trustees […]

32 S.E.2d 397 LOGUE v. THE STATE. 15028.Supreme Court of Georgia.NOVEMBER 21, 1944. REHEARING DENIED DECEMBER 4, 1944. In order to convict for the murder of a newly born baby, it is incumbent upon the State to prove that the child was born alive and had an independent and separate existence from its mother, and […]

652 S.E.2d 562 WILEY et al. v. MILES. No. S07A0696.Supreme Court of Georgia. DECIDED OCTOBER 29, 2007. SEARS, Chief Justice. Following his 2002 federal conviction on multiple drug, firearm, and money laundering charges, Donald Edward Miles filed a petition for writ of habeas corpus in the Fulton County Superior Court to set aside two 1965 […]

49 S.E.2d 814 LEVINE v. LEVINE. 16327.Supreme Court of Georgia. OCTOBER 11, 1948. 1. Where in a proceeding by a wife for divorce and alimony, after both parties have announced ready and a jury has been impaneled for trial, the court, on motion of the defendant, after hearing evidence enters an order requiring the petitioner […]

392 S.E.2d 886 ADCOCK v. THE STATE. S90G0781.Supreme Court of Georgia. DECIDED JULY 5, 1990. PER CURIAM. We granted certiorari to the Court of Appeals to consider the following holding: “When a mistake of fact is not the sole defense, as it was not here, it is not error to refuse to charge.” Adcock v. […]

228 S.E.2d 860 HOWARD v. THE STATE. 31012.Supreme Court of Georgia.ARGUED JUNE 14, 1976. DECIDED SEPTEMBER 8, 1976. HILL, Justice. Certiorari was granted to determine whether it was error in this criminal case to instruct the jury pursuant to Code § 38-409 that acquiescence or silence, when the circumstances require an answer or denial, may […]

455 S.E.2d 586 SMITH et al. v. TRAVIS PRUITT ASSOCIATES, P.C. S95A0333.Supreme Court of Georgia. DECIDED APRIL 10, 1995. HUNSTEIN, Justice. After a bench trial, the trial court, pursuant to OCGA §18-2-22 (2) and (3), declared a conveyance of residential property from Mark Smith to his wife, Angie Smith, null and void and set it […]

254 S.E.2d 337 MOONEY v. THE STATE. 34225.Supreme Court of Georgia.ARGUED JANUARY 16, 1979. DECIDED MARCH 15, 1979. REHEARING DENIED MARCH 28, 1979. HALL, Justice. Appellant John Henry Mooney was indicted with Elmo Florence for the murder of T. K. Harty. He was tried separately, and was convicted by a jury and sentenced to life […]

612 S.E.2d 284 ACCOLADES APARTMENTS, L.P. v. FULTON COUNTY. S04G1536.Supreme Court of Georgia. DECIDED: APRIL 26, 2005. FLETCHER, Chief Justice. This case asks us to decide whether an entity that publicly files a “statement of partnership” pursuant to OCGA § 14-8-10.1 has elected to become a partnership. The Court of Appeals held that the filing […]

319 S.E.2d 824 LASSETER v. GEORGIA PUBLIC SERVICE COMMISSION. AMERICAN CYANAMID v. GEORGIA PUBLIC SERVICE COMMISSION. 40884, 40885.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1984. CLARKE, Justice. Appellants, industrial customers and one individual customer of Savannah Electric and Power Company (SEPCO), challenge decisions of the Georgia Public Service Commission (the “Commission”) in four related cases: […]

366 S.E.2d 684 BOYCE v. THE STATE. 45180.Supreme Court of Georgia. DECIDED APRIL 14, 1988. HUNT, Justice. We granted certiorari to the Court of Appeals in order to consider whether a criminal defendant may introduce specific acts of good character when the state has introduced specific similar transactions for the purpose of showing scheme and […]

162 S.E.2d 294 FIRST NATIONAL BANK OF ATLANTA et al. v. ROWLEY. 24637.Supreme Court of Georgia.ARGUED MAY 14, 1968. DECIDED JUNE 25, 1968. FRANKUM, Justice. 1. “`Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.’ Constitution of Georgia, Art. VI, Sec. XVI, Par. III (Code § […]

157 S.E.2d 271 BONAPARTE v. THE STATE. 24290.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1967. DECIDED SEPTEMBER 21, 1967. DUCKWORTH, Chief Justice. The accused was indicted, tried and convicted of the crime of robbery with a recommendation for mercy. His appeal is from the conviction and sentence to life imprisonment which is based on alleged errors […]

23 S.E.2d 701 HUGHES v. COBB; et vice versa. 14308, 14309.Supreme Court of Georgia. NOVEMBER 18, 1942. REHEARING DENIED DECEMBER 15, 1942. 1. A defect in a petition resulting from nonjoinder of proper parties can not be taken advantage of by a general demurrer. As to such matters a special demurrer is necessary. Greenwood v. […]

328 S.E.2d 720 WHALEY v. STATE OF GEORGIA et al. 42167.Supreme Court of Georgia. DECIDED APRIL 23, 1985. MARSHALL, Presiding Justice. The transcript indicates that (1) the extradition documents on their face were in order, (2) the petitioner was charged with a crime in Texas, the demanding state, and (3) the petitioner is the person […]

399 S.E.2d 71 IN THE MATTER OF HERBERT S. WALDMAN. SUPREME COURT DISCIPLINARY NO. 820Supreme Court of Georgia. DECIDED NOVEMBER 8, 1990. PER CURIAM. Respondent Herbert S. Waldman has petitioned the State Disciplinary Board for voluntary suspension of his license to practice law on the ground of his conviction in the United States District Court […]

204 S.E.2d 176 DIMON v. DIMON. 28528.Supreme Court of Georgia.ARGUED JANUARY 15, 1974. DECIDED FEBRUARY 18, 1974. MOBLEY, Chief Justice. Irene A. Dimon appeals from the grant of summary judgment to Charles E. Dimon, Jr., her former Page 751 husband, in her action against him for modification of an alimony judgment. The only question made […]

195 S.E.2d 911 PARKS v. THE STATE. 27632.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1973. DECIDED FEBRUARY 19, 1973. The trial court’s charges to the jury were not erroneous for any reason assigned. SUBMITTED JANUARY 9, 1973 — DECIDED FEBRUARY 19, 1973. Murder. DeKalb Superior Court. Before Judge Dean. Weiner Bazemore, Paul S. Weiner, for appellant. […]

347 S.E.2d 586 RAINWATER v. THE STATE. 43526.Supreme Court of Georgia. DECIDED SEPTEMBER 3, 1986. GREGORY, Justice. George Goodman Rainwater was convicted of the murder of his wife, Betty Jean Rainwater, and sentenced to life imprisonment.[1] The victim’s sister and a friend of the victim testified at trial that on April 6, 1985 they drove […]

560 S.E.2d 688 BLACKSHEAR v. THE STATE. S01A1830.Supreme Court of Georgia. DECIDED: MARCH 11, 2002. FLETCHER, Chief Justice. A jury convicted Travis Blackshear of felony murder in the Page 843 shooting death of Ronald Lynn Jones.[1] Blackshear appeals, contending that his appointed trial counsel was ineffective because he solicited and accepted a fee. Because a […]

262 S.E.2d 127 HARDIGREE et al. v. HARDIGREE. 35536.Supreme Court of Georgia.SUBMITTED NOVEMBER 19, 1979. DECIDED DECEMBER 5, 1979. WELTNER, Judge. Appellee is the owner of Lot 23 of a subdivision platted on a “Map of Astondale” prepared in 1900, which he acquired through a chain of title leading to the common grantor of appellants, […]

207 S.E.2d 201 HOUSE et al. v. JAMES et al.; and vice versa. 28756, 28757.Supreme Court of Georgia.ARGUED APRIL 8, 1974. DECIDED MAY 21, 1974. REHEARING DENIED JULY 2, 1974. JORDAN, Justice. The appellants here, plaintiffs below, brought an action on October 31, 1973, in Bibb Superior Court seeking a temporary and permanent injunction against […]

214 S.E.2d 365 PREVATTE v. THE STATE. JORDAN v. THE STATE. 29419, 29420.Supreme Court of Georgia.ARGUED JANUARY 16, 1975. DECIDED FEBRUARY 25, 1975. REHEARING DENIED MARCH 12, 1975. HALL, Justice. Appellants were charged in two counts with the March 6, 1974, armed robbery and murder of James Addison Rouse, Jr. At separate trials, both were […]

158 S.E.2d 924 HUTCHINS et al. v. NASH, Tax Commissioner, et al. 24416.Supreme Court of Georgia.ARGUED DECEMBER 12, 1967. DECIDED JANUARY 5, 1968. UNDERCOFLER, Justice. This is an equitable action to enjoin the tax officials from arbitrarily assessing and collecting ad valorem tax from the plaintiffs for the years 1965, 1966 and 1967 disproportionately to […]

21 S.E.2d 88 DAVIS et al. v. WRIGHT. 14053.Supreme Court of Georgia. MAY 20, JUNE 17, 1942. 1. In a petition seeking to recover damages for breach of promise to marry, where it is alleged that the plaintiff advanced various sums of money to the defendant, pending the engagement to marry, in trust for the […]

400 S.E.2d 323 HACIENDA CORPORATION v. WHITE et al. (three cases). S90A1216, S90A1217, S90A1218.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1991. RECONSIDERATION DENIED MARCH 1, 1991. CLARKE, Chief Justice. This is an appeal from a summary judgment order setting aside a deed from White Valley Farms, Inc., on the ground that the sale was not […]

369 S.E.2d 909 ALLEN v. THE STATE. 45692.Supreme Court of Georgia. DECIDED JULY 14, 1988. GREGORY, Justice. Allen pled guilty to an accusation charging the crime of theft by receiving. The court sentenced him to serve five years, 90 days in confinement with the balance on probation. He appeals contending one of the conditions of […]

352 S.E.2d 378 TERRELL COUNTY v. ALBANY/DOUGHERTY HOSPITAL AUTHORITY. 43764.Supreme Court of Georgia. DECIDED JANUARY 28, 1987. CLARKE, Presiding Justice. The dispute here involves the county’s obligation to pay for services extended to its indigent pregnant residents by a hospital in another county. Terrell County contests the constitutionality of the statute which requires such payment. […]

640 S.E.2d 18 BANKERS TRUST COMPANY v. HARDY. No. S06A1790.Supreme Court of Georgia. DECIDED JANUARY 8, 2007. RECONSIDERATION DENIED FEBRUARY 5, 2007. SEARS, Chief Justice. Appellant, Bankers Trust Company, foreclosed on certain property owned by Rita Hardy and her son, appellee Joseph Hardy, as joint tenants. Bankers Trust’s loan had been issued in Rita Hardy’s […]

18 S.E.2d 848 HIGHTOWER v. PHILLIPS, administratrix. 13932.Supreme Court of Georgia. FEBRUARY 10, 1942. BELL, Justice. 1. Where several exceptions are taken to an auditor’s report, and to these exceptions is attached a common exhibit which is separately referred to in each exception, the rule that the exceptor must set forth in connection with each […]

636 S.E.2d 535 MOBLEY et al. v. JACKSON CHAPEL CHURCH. No. S06A1407.Supreme Court of Georgia. DECIDED OCTOBER 16, 2006. BENHAM, Justice. Appellee Jackson Chapel Church is located on property in Polk County adjacent to property owned by appellants Willard C. Mobley, his daughter, and his son-in-law. When appellants began to make improvements on real property […]

286 S.E.2d 287 CHERRY, BEKAERT HOLLAND v. BARNES et al. 37898.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. The judgment of the trial court is affirmed without opinion pursuant to Rule 59. All the Justices concur, except Marshall, J., who dissents and Weltner, J., not participating. DECIDED JANUARY 6, 1982. Injunction. Fulton Superior Court. Before […]

128 S.E.2d 506 BENNETT et al. v. KIMSEY et al. 21834.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1962. DECIDED NOVEMBER 8, 1962. 1. Where a purported brief of the evidence is not incorporated in the bill of exceptions, or attached as an exhibit thereto properly identified by the trial judge, or embodied in an approved brief […]

272 S.E.2d 309 McLELLAN v. McLELLAN. 36760.Supreme Court of Georgia.SUBMITTED OCTOBER 3, 1980. DECIDED OCTOBER 22, 1980. PER CURIAM. Judgment affirmed without an opinion pursuant to Rule 59. All the Justices concur. SUBMITTED OCTOBER 3, 1980 — DECIDED OCTOBER 22, 1980. Modify divorce judgment, etc. DeKalb Superior Court. Before Judge Peeler. Westmoreland, Hall, McGee, Warner […]

266 S.E.2d 224 JAMES v. JAMES. 36023.Supreme Court of Georgia.SUBMITTED MARCH 7, 1980 DECIDED APRIL 9, 1980. JORDAN, Presiding Justice. On May 25, 1979, appellee Diane Marie James filed a complaint against appellant Robert Alan James alleging that their marriage was irretrievably broken, prayed for a divorce and that her husband be required to pay […]

149 S.E.2d 86 LEE et al. v. GREEN et al. 23434.Supreme Court of Georgia.SUBMITTED APRIL 12, 1966. DECIDED MAY 5, 1966. 1. The request to overrule Denmark v. Rushing, 208 Ga. 557 (67 S.E.2d 766) is denied. 2. The appellants were competent witnesses to the nuncupative will, but the devise therein to them is void. […]

232 S.E.2d 243 McGUIRE v. THE STATE. 31710.Supreme Court of Georgia.SUBMITTED NOVEMBER 19, 1976. DECIDED JANUARY 5, 1977. REHEARING DENIED JANUARY 27, 1977. INGRAM, Justice. Appellant, Edward Lee McGuire, was convicted of armed robbery in the Superior Court of Gwinnett County. He was sentenced to five years, to be served in the penitentiary, and seven […]

262 S.E.2d 819 TUXEDO PLUMBING HEATING COMPANY, INC. et al. v. LIE-NIELSEN. 35042.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED JANUARY 8, 1980. NICHOLS, Chief Justice. Certiorari was granted to review the decision of the Court of Appeals in Lie-Nielsen v. Tuxedo Plumbing Co., 149 Ga. App. 502 (254 S.E.2d 729) (1979), as to the […]

179 S.E.2d 242 SMITH v. HIGHTOWER. 26198.Supreme Court of Georgia.ARGUED DECEMBER 14, 1970. DECIDED JANUARY 7, 1971. The trial court erred in holding that the sentence of the appellee was void because of the instruction on alibi given on his trial. ARGUED DECEMBER 14, 1970 — DECIDED JANUARY 7, 1971. Habeas corpus. Tattnall Superior Court. […]

47 S.E.2d 324 ATLANTA VETERANS TRANSPORTATION INC. v. JENKINS, Chief of Police. 16135.Supreme Court of Georgia. MARCH 19, 1948. CANDLER, Justice. 1. “Individuals do not have the inherent right to conduct their private businesses in the streets of a city. A city can prohibit the owners or operators of taxicabs and buses from transporting passengers […]

154 S.E.2d 224 GIFFORD v. JACKSON et al. 23963.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1967. DECIDED FEBRUARY 23, 1967. MOBLEY, Justice. The appeal is from a judgment overruling a general demurrer to the petition brought by plaintiffs against defendants praying for process, discovery by issue of rule nisi requiring defendant to show cause why he […]

325 S.E.2d 137 COOPER v. THE STATE. 41355.Supreme Court of Georgia. DECIDED JANUARY 17, 1985. CLARKE, Justice. Henry Cooper was tried in Fulton Superior Court for two counts of aggravated assault with intent to rape, kidnapping, and rape. He was found guilty but mentally ill of aggravated assault with intent to rape of Rita O’Brien […]

448 S.E.2d 695 MOORE v. ZANT. S94A1172.Supreme Court of Georgia. DECIDED OCTOBER 11, 1994. CARLEY, Justice. Appellant-plaintiff was found guilty of rape and murder and sentenced to death. On appeal, his convictions and sentences were affirmed. Moore v. State, 240 Ga. 807 (243 S.E.2d 1) (1978). On federal habeas corpus, his convictions were upheld, but […]

149 S.E.2d 449 WILLIAMS v. THE STATE. 23429.Supreme Court of Georgia.ARGUED APRIL 11, 1966. DECIDED MAY 5, 1966. REHEARING DENIED MAY 27, 1966. 1. The trial court did not err in overruling defendant’s motion for a change of venue based on the ground that the publicity in the news media of the county where the […]

44 S.E.2d 263 FORD v. THE STATE. 15901.Supreme Court of Georgia. SEPTEMBER 5, 1947. 1. The evidence authorized the verdict. 2. Where a juror is put upon his voir dire and the questions as contained in the Code, § 59-806, are propounded and answered, no additional examination may be had as a matter of right […]

283 S.E.2d 891 FOUNTAIN v. LAKE LUCK CIVIC CLUB, INC. et al. (two cases). 37960, 37961.Supreme Court of Georgia. DECIDED NOVEMBER 19, 1981. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED NOVEMBER 19, 1981. Injunction. Emanuel Superior Court. Before Judge Hartley. John R. Thompson, Charles B. Merrill, Jr., for appellant. […]

692 S.E.2d 336 HUFF v. THE HARPAGON COMPANY, LLC. No. S09G0990.Supreme Court of Georgia. DECIDED MARCH 22, 2010. HUNSTEIN, Chief Justice. We granted the petition for writ of certiorari filed by appellant Huff, who is the Muscogee County Tax Commissioner, to address the holding in Harpagon Co. v. Huff, 296 Ga. App. 107 (1), (2) […]

11 S.E.2d 11 JONES et al. v. LANIER DEVELOPMENT COMPANY et al. LANIER DEVELOPMENT COMPANY et al. v. JONES et al. 13383, 13384.Supreme Court of Georgia. SEPTEMBER 26, 1940. REHEARING DENIED OCTOBER 16, 1940. 1. On the present exceptions by the plaintiff lot-owners to the refusal of a new trial from a directed verdict, refusing […]

166 S.E.2d 571 BROWN v. MITCHELL et al. 25027.Supreme Court of Georgia.ARGUED JANUARY 13, 1969. DECIDED FEBRUARY 6, 1969. The description of the land in the sales contract was insufficient to authorize specific performance. Page 116 ARGUED JANUARY 13, 1969 — DECIDED FEBRUARY 6, 1969. Specific performance. Douglas Superior Court. Before Judge Winn. Joseph L. […]

386 S.E.2d 140 HARRIS v. ENTERTAINMENT SYSTEMS, INC. WEBB v. ENTERTAINMENT SYSTEMS, INC. S89A0297, S89A0298.Supreme Court of Georgia. DECIDED DECEMBER 5, 1989. RECONSIDERATION DENIED DECEMBER 20, 1989. GREGORY, Justice. This appeal arises from an injunction entered in the Superior Court of Fulton County restraining the enforcement of OCGA §§3-3-40 to 3-3-46. These code sections were […]