Category: Georgia Supreme Court Opinions

249 S.E.2d 263 DANIEL v. DANIEL. 34022.Supreme Court of Georgia.SUBMITTED SEPTEMBER 8, 1978. DECIDED OCTOBER 31, 1978. HALL, Justice. Asa Daniel, Jr., filed a petition in probate court to set aside the probate in solemn form of his father’s will. The petition alleged that Daniel’s acknowledgment of service and consent to probate of the will […]

252 S.E.2d 509 POLK v. COOK. 34434.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1979. DECIDED FEBRUARY 6, 1979. PER CURIAM. This is an appeal from the grant of a motion for partial summary judgment. The appellee sued for a partition of property owned by himself and his former wife. The suit was based upon the terms […]

483 S.E.2d 575 LANE v. CITY OF ATLANTA et al. S97A0390.Supreme Court of Georgia. DECIDED APRIL 14, 1997. FLETCHER, Presiding Justice. The issue in this appeal is whether the Atlanta Independent School System may levy school taxes in excess of 20 mills.[1] Taxpayer William E. Lane filed a declaratory judgment action against the city, city […]

239 S.E.2d 3 WILDE v. WILDE. 32738.Supreme Court of Georgia.ARGUED SEPTEMBER 21, 1977. DECIDED SEPTEMBER 27, 1977. BOWLES, Justice. This is an appeal from an order of the Superior Court of Fulton County dismissing appellant’s petition for modification of child support payments. The parties to this appeal were divorced on August Page 751 20, 1974, […]

438 S.E.2d 78 RAY v. RAY. S93A1673.Supreme Court of Georgia. DECIDED JANUARY 10, 1994. HUNSTEIN, Justice. This is an appeal by appellant-husband in a domestic relations case from a grant of a motion to enforce a settlement agreement not executed by appellant. Appellee initiated divorce proceedings in July 1992. During the time period which followed, […]

322 S.E.2d 487 TOLBERT et al. v. MURRELL et al. 41164.Supreme Court of Georgia. DECIDED OCTOBER 31, 1984. REHEARING DENIED NOVEMBER 27, 1984. HILL, Chief Justice. This case raises three issues: (1) the constitutionality of a part of our wrongful death act; (2) the validity of substituted service of process upon a person in military […]

21 S.E.2d 857 SALMON v. McCRARY, administrator. 14148.Supreme Court of Georgia. SEPTEMBER 15, 1942. 1. In the instant suit. in which the plaintiff, as against an administrator, sought specific performance of an alleged oral agreement by the defendant’s intestate to “execute a will giving to petitioner all of her property,” in consideration of services to […]

218 S.E.2d 820 LEUTNER v. THE STATE. 30111.Supreme Court of Georgia.ARGUED JULY 8, 1975. DECIDED SEPTEMBER 11, 1975. UNDERCOFLER, Presiding Justice. Appellant, Christopher Edward Leutner, was indicted for felony murder and murder with malice in the same count. He was convicted by the jury of felony murder and sentenced to life imprisonment. He appeals from […]

202 S.E.2d 459 MOYE v. CALDWELL. 28214.Supreme Court of Georgia. DECIDED OCTOBER 4, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices […]

15 S.E.2d 868 BOONE v. BOONE. 13805.Supreme Court of Georgia. JULY 8, 1941. 1. The verdict in favor of plaintiff for a divorce is supported by evidence. The special grounds complaining of portions of the charge and of failure to charge relating to the evidence are without merit. 2. Where in a suit for divorce […]

676 S.E.2d 227 VEREEN v. DEUTSCHE BANK NATIONAL TRUST COMPANY et al. No. S09A0296.Supreme Court of Georgia. DECIDED APRIL 28, 2009. SEARS, Chief Justice. The appellant, Solomon Vereen, appeals from the trial court’s judgment ruling that Vereen’s action against the appellees was barred by res judicata and from its award of attorney fees to the […]

710 S.E.2d 130 AVREN v. GARTEN (two cases). Nos. S11A0064, S11A0688.Supreme Court of Georgia. DECIDED MAY 16, 2011. BENHAM, Justice. Appellant Jody Avren (Mother) and appellee Jay Garten (Father) were divorced in 2003. These appeals are from their most recent post-divorce litigation. In April 2010, the trial court found Mother in contempt of previous court […]

238 S.E.2d 77 DUNN v. THE STATE. 32461.Supreme Court of Georgia.SUBMITTED JUNE 24, 1977. DECIDED SEPTEMBER 7, 1977. UNDERCOFLER, Presiding Justice. R. R. Dunn was tried and convicted by a jury of discharging a firearm on Sunday not in defense of person or property contrary to Code Ann. § 26-9919a. He challenged the accusation by […]

642 S.E.2d 92 HAWES v. THE STATE. No. S06A1917.Supreme Court of Georgia. DECIDED FEBRUARY 26, 2007. Reconsideration Denied March 27, 2007. HUNSTEIN, Presiding Justice. We granted a certificate of probable cause to review the denial of James Huston Hawes’s petition for writ of habeas corpus. For the reasons that follow, we reverse. Appellant was charged […]

60 S.E.2d 146 CRAWFORD v. BAKER et al. 17092.Supreme Court of Georgia. JUNE 14, 1950. 1. While the obligations of a contract must be mutually binding where mutual promises are relied on as furnishing and constituting the consideration for the contract, the mere fact that a contract may be unilateral and lacking in mutuality, in […]

350 S.E.2d 461 MOON et al. v. COBB COUNTY et al. 43570.Supreme Court of Georgia. DECIDED DECEMBER 3, 1986. RECONSIDERATION DENIED DECEMBER 17, 1986. WELTNER, Justice. In a recent opinion, Dougherty County v. Webb, 256 Ga. 474 (350 S.E.2d 457) (1986), Justice Gregory appended the following footnote: “In zoning matters it is of fundamental importance […]

638 S.E.2d 270 WRIGHT v. HALL. No. S06A1116.Supreme Court of Georgia. DECIDED NOVEMBER 27, 2006. HINES, Justice. This Court granted Robert Gainous Wright’s application for a certificate of probable cause to appeal the denial of his petition for a writ of habeas corpus. Finding no error, we affirm. In January of 1990, a Carroll County […]

263 S.E.2d 163 COTTS v. COTTS. 35706.Supreme Court of Georgia.SUBMITTED DECEMBER 7, 1979. DECIDED JANUARY 30, 1980. UNDERCOFLER, Presiding Justice. The husband appeals the judgment entered in this divorce case claiming that certain matters added therein by the trial court were unauthorized by the verdict and must be set aside. We agree in part and […]

263 S.E.2d 442 WILSON v. CROSBY. 35929.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1980. DECIDED JANUARY 24, 1980. PER CURIAM. Appellant has not followed the appeal procedures required by law in domestic relations cases(Ga. L. 1979, p. 619; Code Ann. § 6-701.1). Appeal dismissed. All the Justices concur. SUBMITTED JANUARY 15, 1980 — DECIDED JANUARY 24, […]

651 S.E.2d 686 CITY OF COLLEGE PARK v. WYATT et al. No. S07A0641.Supreme Court of Georgia. DECIDED OCTOBER 9, 2007. THOMPSON, Justice. Plaintiff April Wyatt filed a verified petition for quo warranto and declaratory judgment, naming the city, mayor and city councilmen as defendants. The petition alleged that Wyatt was duly appointed to the board […]

577 S.E.2d 779 LEONE HALL PRICE FOUNDATION v. BAKER et al. S03A0081.Supreme Court of Georgia. Decided March 10, 2003 CARLEY, Justice. Leone Hall Price died in 2001. Under the terms of her will, the Leone Hall Price Foundation (Foundation), a private inter vivos charitable trust, was the principal beneficiary. Both the will and the trust […]

375 S.E.2d 840 HOLBROOK et al. v. DAVISON et al. 46375.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1989. GREGORY, Justice. The appellants and the appellees all own lots in the Oconee Page 845 Farms Subdivision in Putnam County. In July, 1988 appellees sued the appellants, the Holbrooks, in Putnam Superior Court, alleging that the Holbrooks […]

627 S.E.2d 574 MURRAY COUNTY et al. v. RJ MURRAY, LLC. S05A1950.Supreme Court of Georgia. DECIDED MARCH 13, 2006. SEARS, Chief Justice. The Murray County Superior Court granted RJ Murray, LLC (“RJ”) a writ of mandamus compelling Murray County (the “County”) to verify to the Georgia Environmental Protection Division (“EPD”) that RJ’s proposed landfill was […]

25 S.E.2d 295 PALMER v. THE STATE. 14462.Supreme Court of Georgia. APRIL 13, 1943. 1. A defendant who is charged with a felony, and upon the call of his case for trial files a written waiver of his right for a jury trial and demands that he be tried by the court without a jury, […]

219 S.E.2d 144 HARTFORD ACCIDENT INDEMNITY COMPANY v. MERCER. 30179.Supreme Court of Georgia.ARGUED SEPTEMBER 3, 1975. DECIDED SEPTEMBER 16, 1975. JORDAN, Justice. Upon further consideration of this case (Mercer v. Doe, 134 Ga. App. 818 (216 S.E.2d 339)), we have determined that the writ of certiorari was improvidently granted, and accordingly the case is dismissed. […]

307 S.E.2d 499 ANDERSON et al. v. SOUTHEASTERN FIDELITY INSURANCE COMPANY. 40062.Supreme Court of Georgia. DECIDED OCTOBER 5, 1983. REHEARING DENIED OCTOBER 25, 1983. WELTNER, Justice. Anderson and another were injured when their car was struck by a vehicle operated by Pillsbury, who carried automobile liability insurance issued by Southeastern. It is undisputed that at […]

189 S.E.2d 394 BERRY v. SLAPPEY et al. 27114.Supreme Court of Georgia.SUBMITTED APRIL 10, 1972. DECIDED MAY 3, 1972. JORDAN, Justice. Berry filed an equitable petition against Slappey in Dougherty Superior Court, seeking the cancellation of a warranty deed, which indicates by the transfer tax a consideration of $10,000, conveying property to Slappey which Berry […]

205 S.E.2d 417 MITCHELL v. CALDWELL. 28451.Supreme Court of Georgia. DECIDED JANUARY 28, 1974. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT AN OPINION WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the […]

510 S.E.2d 521 BENNETT v. YOUNG. YOUNG v. BENNETT. S98A1626, S98X1627.Supreme Court of Georgia. DECIDED JANUARY 11, 1999. FLETCHER, Presiding Justice. Judy F. Calvert Bennett is the widow of James F. Bennett and Debra Elaine Bennett Young is his daughter from his first marriage and executrix under his will. Mrs. Bennett brought a declaratory judgment […]

578 S.E.2d 884 IN RE: RICHARD A. GOODMAN S02Z1711.Supreme Court of Georgia. Decided March 27, 2003 Reconsideration Denied April 11, 2003 PER CURIAM. Richard A. Goodman graduated from law school in 2001 and took and failed the Georgia Bar Examination in February 2002. The Georgia Board of Bar Examiners denied his request to verify that […]

286 S.E.2d 425 HERRING et al. v. McLEMORE et al. 37970.Supreme Court of Georgia. DECIDED JANUARY 20, 1982. MARSHALL, Justice. Jack Collins died intestate in 1979. Surviving him as his three heirs-at-law were his three natural children: Evelyn C. Herring, Elma C. McLemore, and Don Collins. Evelyn was appointed both guardian of the person and […]

69 S.E.2d 745 BRIDGES v. BRACKETT et al. 17758.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1952. DECIDED MARCH 10, 1952. ALMAND, Justice. Garland Bridges, in December, 1948, brought an equitable petition against Ralph Brackett et al., seeking to enjoin the defendants from trespassing on a tract of 28 acres of land in land lot 1002 of […]

541 S.E.2d 649 IN THE MATTER OF JOHN THOMAS WOODALL. S00Y1937.Supreme Court of Georgia. DECIDED: FEBRUARY 5, 2001. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report of the Review Panel of the State Disciplinary Board alleging Respondent John Thomas Woodall violated Standards 4 (a lawyer shall not engage in professional […]

240 S.E.2d 60 CITY OF ATLANTA et al. v. MYERS et al. 32595.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1977. DECIDED NOVEMBER 8, 1977. REHEARING DENIED NOVEMBER 29, 1977. JORDAN, Justice. This appeal is from the grant of an interlocutory injunction, and raises for determination the validity of an ordinance of the City of Atlanta requiring […]

398 S.E.2d 16 ATLANTA OBSTETRICS GYNECOLOGY GROUP, P. A. v. COLEMAN et al. S90G0719.Supreme Court of Georgia. DECIDED NOVEMBER 29, 1990. CLARKE, Chief Justice. Ms. Coleman brought this medical malpractice action to recover for injuries she suffered from a stroke following an abortion. The jury returned a verdict against two of Ms. Coleman’s doctors. The […]

56 S.E.2d 278 MANNING v. CARROLL et. al. 16851.Supreme Court of Georgia. NOVEMBER 15, 1949. WYATT, Justice. 1. The subject-matter of this litigation was involved in Rucker v. Upshaw, 199 Ga. 529 (34 S.E.2d 602). The instant case was before the court in Manning v. Carroll, 204 Ga. 100 (48 S.E.2d 737). A full statement […]

72 S.E.2d 318 SULLIVAN v. SMITH. 17923.Supreme Court of Georgia.SUBMITTED JULY 14, 1952. DECIDED SEPTEMBER 2, 1952. CANDLER, Justice. 1. In those cases to which the pleading and practice act of 1946 is applicable, the defendant is required to answer the petition within thirty days after service of the petition and process, and all demurrers […]

196 S.E.2d 428 HOGSED v. HOGSED. 27709.Supreme Court of Georgia.SUBMITTED FEBRUARY 12, 1973. DECIDED MARCH 8, 1973. UNDERCOFLER, Justice. Neva Jo Nichols Hogsed filed a complaint for divorce, alimony and child custody against Howard Hogsed. The jury returned a verdict for the plaintiff for a divorce and awarded certain property to her as alimony. Howard […]

109 S.E.2d 508 SPRINGSTEAD v. COOK. 20489.Supreme Court of Georgia.ARGUED MAY 12, 1959. DECIDED JUNE 5, 1959. HAWKINS, Justice. This case involves the custody of a female child, born December 13, 1958, in an Army hospital, whose mother at the time was the wife of a soldier, in service in Germany when the child was […]

209 S.E.2d 194 SHAW v. RADCLIFF. 29007.Supreme Court of Georgia.SUBMITTED JULY 12, 1974. DECIDED OCTOBER 1, 1974. GUNTER, Justice. This appeal is from a judgment in a contempt case. The trial judge did not hold the former husband in Page 861 contempt of court for failure to make alimony and child support payments. The former […]

71 S.E.2d 232 EHRLICH v. TEAGUE et al. 17878.Supreme Court of Georgia.ARGUED MAY 12, 1952. DECIDED JUNE 9, 1952. 1. The petition by a lessee, seeking to enjoin his lessors from instituting dispossessory proceedings against the lessee and his subtenants on the grounds of avoiding a multiplicity of actions and causing the lessee irreparable damages, […]

184 S.E.2d 450 ALEXANDER v. THE STATE. 26659.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1971. DECIDED OCTOBER 8, 1971. The weight provision statute involved here (Ga. L. 1968, pp. 30, 31 as amended by Ga. L. 1969, p. 637; Code Ann. § 68-405 (b)) is not subject to the attacks made upon it. ARGUED SEPTEMBER 16, […]

256 S.E.2d 907 JONES v. THE STATE. 34775.Supreme Court of Georgia.ARGUED APRIL 10, 1979. DECIDED JUNE 20, 1979. BOWLES, Justice. Howard Jones, the defendant, was convicted of armed robbery and murder by a DeKalb County jury. He was sentenced to life imprisonment for the armed robbery and to death for the murder. His case is […]

175 S.E.2d 840 JOHNSON v. THE STATE. 25811.Supreme Court of Georgia.ARGUED MAY 12, 1970. DECIDED JUNE 9, 1970. REHEARING DENIED JUNE 25, 1970. 1. The court properly excused jurors who stated on voir dire that they would not inflict the death penalty without regard to any evidence that might be developed in the case. 2. […]

558 S.E.2d 720 RICH v. THE STATE. S01A1807.Supreme Court of Georgia. DECIDED: JANUARY 14, 2002 SEARS, Presiding Justice. Appellant Harry James Rich appeals his convictions for murder, aggravated assault and aggravated battery.[1] In his sole enumeration Page 696 of error, appellant claims the evidence was insufficient to support the jury’s verdicts. The evidence of record […]

444 S.E.2d 317 HENNLY v. RICHARDSON et al. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF VALDOSTA, INC. v. RICHARDSON et al. S93G1813, S93G1841.Supreme Court of Georgia. DECIDED JUNE 27, 1994. RECONSIDERATION DENIED JULY 14, 1994. HUNT, Chief Justice. We granted certiorari to the Court of Appeals to decide whether Richardson’s claims are barred under the Workers’ […]

493 S.E.2d 900 TURPIN v. TODD; and vice versa. S97A1354. S97X1396.Supreme Court of Georgia. DECIDED DECEMBER 5, 1997 RECONSIDERATION DENIED DECEMBER 19, 1997. SEARS, Justice. The appellant, William Lamar Todd, was convicted of murder and armed robbery in 1989, and sentenced to death. This Court affirmed on direct appeal,[1] and the U.S. Supreme Court denied […]

378 S.E.2d 303 GRANGER v. THE STATE. 46356.Supreme Court of Georgia. DECIDED APRIL 19, 1989. BELL, Justice. The appellant, Roy Granger, was convicted of the murder of William Brown, and received a life sentence.[1] On appeal Granger challenges only the sufficiency of the evidence. We affirm. The evidence showed that Granger and Brown, who did […]

295 S.E.2d 305 WILLIAMSON v. THE STATE. 38744.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1982. WELTNER, Justice. Williamson appeals from the overruling of demurrers to indictments charging him with the offense of criminal defamation.[1] Constrained by the decision of the Supreme Court of the United States in Gooding v. Wilson, 405 U.S. 518 (92 S.C. […]

133 S.E.2d 884 LAUGHRIDGE, Administratrix v. LAUGHRIDGE. 22207.Supreme Court of Georgia.ARGUED OCTOBER 15, 1963. DECIDED NOVEMBER 7, 1963. CANDLER, Justice. A decree dissolving the marriage between Mary Louise Laughridge and A. G. Laughridge was rendered in the Superior Court of Fulton County on November 4, 1944. The decree also required the divorced husband to pay […]

663 S.E.2d 695 IN THE MATTER OF RUSSELL WILLIAM POPE. No. S08Y1010.Supreme Court of Georgia. DECIDED July 7, 2008. PER CURIAM. This matter is before the Court on Respondent Russell William Pope’s Petition for Voluntary Discipline in which he admits violating Rules 1.3, 1.4, 1.16 (d), and 9.3 of the Georgia Rules of Professional Conduct, […]

197 S.E.2d 705 JACKSON v. JACKSON. 27721.Supreme Court of Georgia.SUBMITTED FEBRUARY 12, 1973. DECIDED APRIL 25, 1973. HAWES, Justice. The sole question on this appeal is whether the trial court abused the discretion vested in it by awarding custody of the minor child of the parties to this divorce proceeding to the father rather than […]

149 S.E.2d 130 WHITUS v. THE STATE. 23397.Supreme Court of Georgia.ARGUED MARCH 15, 1966. DECIDED APRIL 12, 1966. REHEARING DENIED MAY 5, 1966. 1. It is never error in a criminal case for the trial judge to refuse to direct a verdict of not guilty. 2, 3. Evidence that a witness was in a drunken […]

17 S.E.2d 585 HEAD, ordinary. v. WALDRUP. 13935.Supreme Court of Georgia. NOVEMBER 12, 1941. 1. An order appointing an administrator de bonis non, showing on its face that it was issued on the same day and was a part of the order removing the administrator, shows that it was issued without citation and notice, and […]

102 S.E.2d 165 PANLOS et al. v. STEPHENSON et al. 19920.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1958. DECIDED FEBRUARY 10, 1958. CANDLER, Justice. In their own behalf and in behalf of all others similarly situated, the plaintiffs brought a suit for injunctive relief in the Superior Court of Fulton County against the defendants in their […]

89 S.E.2d 637 BUCHANAN v. NASH et al. 19041.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1955. DECIDED OCTOBER 11, 1955. MOBLEY, Justice. 1. “The first grant of a new trial shall not be disturbed by the appellate court, unless the plaintiff in error shall show that the judge abused his discretion in granting it, and that […]

53 S.E.2d 227 NELSON v. WOODS et al. 16528.Supreme Court of Georgia. APRIL 11, 1949. REHEARING DENIED MAY 12, 1949. CANDLER, Justice. On November 25, 1947, J. C. Barger, the seller of a Krispy Kreme Do-Nut Business, and Mrs. D. B. Nelson, an employee in such business, entered into a written contract with Margaret M. […]

224 S.E.2d 354 SCHANCK et al. v. TOWN OF HEPHZIBAH. 30551.Supreme Court of Georgia.SUBMITTED DECEMBER 3, 1975. DECIDED APRIL 6, 1976. HILL, Justice. Owners, developers, and residents of Dunbarton Subdivision, located partially within and partially without the limits of the Town of Hephzibah, brought this complaint seeking to enjoin the town from discontinuing operation of […]

303 S.E.2d 746 IN THE MATTER OF CAMPBELL. SUPREME COURT DISCIPLINARY NO. 297.Supreme Court of Georgia. DECIDED JUNE 21, 1983. PER CURIAM. John W. Campbell II, a member of the State Bar of Georgia, has petitioned the State Disciplinary Board for voluntary suspension of his license to practice law on the ground of his conviction […]

256 S.E.2d 335 CRIDER v. SNEIDER. 34617.Supreme Court of Georgia.ARGUED MARCH 14, 1979. DECIDED MAY 2, 1979. REHEARING DENIED MAY 29, 1979. MARSHALL, Justice. We granted certiorari in this case to address questions concerning application of CPA § 35 (a) (Code Ann. § 81A-135 (a); Ga. L. 1966, pp. 609, 647; 1972, pp. 510, 527) […]

198 S.E.2d 847 FOSTER v. THE STATE. 27918.Supreme Court of Georgia.ARGUED MAY 14, 1973. DECIDED MAY 31, 1973. UNDERCOFLER, Justice. Appellant was convicted of aggravated assault and murder. He was sentenced to 10 years and life to run consecutively. He appeals. Held: 1. The evidence shows that on August 9 about 4:00 p. m. in […]

35 S.E.2d 463 STRICKLAND v. THE STATE. 15201.Supreme Court of Georgia. OCTOBER 4, 1945. A motion by an accused to withdraw a plea of guilty of murder, and to vacate a verdict, judgment and sentence thereon of life imprisonment, made at the same term of court — where it was shown by the evidence that […]

96 S.E.2d 593 TOLER v. THE STATE. 19557.Supreme Court of Georgia.SUBMITTED JANUARY 16, 1957. DECIDED FEBRUARY 11, 1957. WYATT, Presiding Justice. James (Dock) Toler and Don Mitchell Colman were indicted for murder. They were tried separately and, in this case in this court, Toler, who was convicted of murder without recommendation, has assigned as error […]

397 S.E.2d 550 THE STATE v. ALVARADO. S90G0840.Supreme Court of Georgia. DECIDED NOVEMBER 8, 1990. RECONSIDERATION DENIED NOVEMBER 28, 1990. CLARKE, Chief Justice. We granted certiorari to consider how the concepts of “actual” possession and “constructive” possession, and the requirement that both types of possession be “knowing,” apply in a cocaine trafficking case. At the […]

430 S.E.2d 6 GUNTIN v. GUNTIN. S93A0598.Supreme Court of Georgia. DECIDED JUNE 7, 1993. RECONSIDERATION DENIED JUNE 25, 1993. HUNT, Presiding Justice. We granted this discretionary application to appeal to determine whether the trial court erred in concluding that a husband’s alimony obligation, which was based upon his salary, ceased at his retirement. We agree […]

222 S.E.2d 337 MACK v. RICKETTS. 30495.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1975. DECIDED JANUARY 6, 1976. REHEARING DENIED JANUARY 27, 1976. GUNTER, Justice. We determined that there was probable cause for review of this habeas corpus judgment that was adverse to the appellant. The issue to be decided here is a rather narrow one: […]

604 S.E.2d 180 PEARSON v. THE STATE. S04A1247.Supreme Court of Georgia. DECIDED OCTOBER 12, 2004. CARLEY, Justice. Stephen Pearson was found guilty of malice murder and an alternative count of felony murder, as well as separate charges of aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the […]

74 S.E.2d 9 GAULDING v. GAULDING, executor, et al.; et vice versa. 18035, 18036.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1952. DECIDED JANUARY 12, 1953. HEAD, Justice. 1. A direct bill of exceptions to a ruling made pendente lite, which does not assign error upon any final judgment or upon a judgment which would have been […]

597 S.E.2d 380 HARDEN v. THE STATE. S04A0777.Supreme Court of Georgia. DECIDED JUNE 7, 2004. THOMPSON, Justice. Defendant Judson Harden was convicted of two counts of felony murder, armed robbery, and two counts of possession of a firearm in the commission of a crime.[1] On appeal, he enumerates error upon the sufficiency of the evidence […]

242 S.E.2d 129 NICOL v. NICOL. 33154.Supreme Court of Georgia.ARGUED JANUARY 17, 1978. DECIDED FEBRUARY 7, 1978. HALL, Justice. While the appeal of the final judgment in the divorce case of these parties was pending in this court,[1] appellant was found in contempt for failure to comply with the temporary child support order,[2] which remained […]

111 S.E.2d 97 FLEMING et al. v. H. W. IVEY CONSTRUCTION CO., INC. 20617.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1959. DECIDED OCTOBER 9, 1959. REHEARING DENIED NOVEMBER 4, 1959. 1. Neither the pleadings nor the evidence at the temporary hearing show any reason why the plea to abate this action should Page 461 be granted, […]

12 S.E.2d 343 WILCOX v. THOMAS, administratrix, et al. 13440.Supreme Court of Georgia. DECEMBER 3, 1940. ATKINSON, Presiding Justice. 1. Upon the death of the owner of any estate in realty, which estate survives him, the title vests immediately in his heirs at law, subject to be administered by the legal representative, if there is […]

333 S.E.2d 593 BROCK v. THE STATE. 42287.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1985. CLARKE, Justice. Appellant was convicted of the murder of Charlie Ponder and sentenced to life imprisonment.[1] In a statement to police he admitted shooting Ponder, with whom he had been arguing, but stated that he intended only to shoot him […]

140 S.E.2d 264 STALVEY et al. v. PEDI JOY SHOES CORPORATION et al. 22679.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1964. DECIDED DECEMBER 3, 1964. REHEARING DENIED DECEMBER 15, 1964. 1. The motion to dismiss the bill of exceptions on the ground that it contains no valid assignments of error is without merit and is denied. […]

264 S.E.2d 200 CITY OF KENNESAW v. RAVAN. 36026.Supreme Court of Georgia. DECIDED FEBRUARY 6, 1980. PER CURIAM. On January 4, 1980, the Honorable Howell C. Ravan, Judge, Cobb Superior Court, entered the following order: “The presentments of the November-December 1979 Term of the Grand Jury of Cobb County having been delivered in open court […]

186 S.E.2d 538 HERRING v. HERRING. 26840.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1971. DECIDED DECEMBER 1, 1971. REHEARING DENIED DECEMBER 17, 1971. UNDERCOFLER, Justice. This appeal is from an order of the Newton Superior Court denying the appellant’s application to be purged of contempt and released from imprisonment Page 493 for nonpayment of alimony and […]

298 S.E.2d 477 BLALOCK v. THE STATE. 39170.Supreme Court of Georgia. DECIDED JANUARY 4, 1983. CLARKE, Justice. Appellant, Rose Blalock, was charged with being a party to the murder and armed robbery of her ex-husband, Hugh Blalock. The state sought the death penalty and the jury found her guilty on both counts and returned a […]

602 S.E.2d 833 PULLIUM v. THE STATE. S04A1254.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. FLETCHER, Chief Justice. James Ronald Pullium petitioned for a writ of habeas corpus, contending that guilty pleas he entered in 1960 for robbery and in 1971 for criminal attempt to commit burglary do not pass constitutional scrutiny. The habeas court […]

78 S.E.2d 513 NICHOLS v. NICHOLS. 18417.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1953. DECIDED NOVEMBER 12, 1953. CANDLER, Justice. A motion has been made to dismiss the writ of error for want of service. The motion has merit. Unless there is an acknowledgment or waiver of service entered upon or annexed to the bill of […]

553 S.E.2d 794 NANCE v. THE STATE S01A1554.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 BENHAM, Justice. Appellant Michael W. Nance was convicted of malice murder and a host of other crimes in 1997, and the jury recommended imposition of the death penalty. This Court affirmed appellant’s convictions, but reversed the imposition of the death […]

171 S.E.2d 270 HEIDT v. HEIDT. 25447.Supreme Court of Georgia.ARGUED OCTOBER 14, 1969. DECIDED NOVEMBER 12, 1969. ALMAND, Chief Justice. This appeal is from an order reducing the alimony and child support payments of the husband, William Bartow Heidt, to his wife, Irene Sharman Heidt. The parties in this case were divorced on December 26, […]

267 S.E.2d 254 LEE v. DOE et al. 36132.Supreme Court of Georgia.SUBMITTED APRIL 15, 1980. DECIDED APRIL 29, 1980. Judgment affirmed without opinion under Rule 59. All the Justices concur. SUBMITTED APRIL 15, 1980 — DECIDED APRIL 29, 1980. Page 734 Ejectment. Bulloch Superior Court. Before Judge Martin. Neville Neville, William J. Neville, Reba J. […]

36 S.E.2d 55 McKAY v. THE STATE. 15275.Supreme Court of Georgia.OCTOBER 5, 1945. REHEARING DENIED NOVEMBER 19, 1945. JENKINS, Presiding Justice. 1. The evidence authorized the verdict. Accordingly, the general grounds of the motion for new trial and the first two of the special grounds, which are but an elaboration thereof, are without merit. 2. […]

59 S.E.2d 374 McBURNETT v. THE STATE. 17054.Supreme Court of Georgia. MAY 8, 1950. ALMAND, Justice. The ruling of this court in Parks, alias Alexander, v. State, 206 Ga. 675 (58 S.E.2d 142), controls in every essential detail the questions raised in the case at bar, and requires that the judgment of the trial court […]

576 S.E.2d 898 IN THE MATTER OF WILLIAM HENRY TOLER III. S03Y0622.Supreme Court of Georgia. Decided February 10, 2003 PER CURIAM. This disciplinary matter is before the Court pursuant to Respondent William Henry Toler, III’s Petition for Voluntary Discipline which was filed pursuant to Bar Rule 4-227(b)(2) prior to the issuance of a Formal Complaint. […]

462 S.E.2d 750 QUILLEN v. QUILLEN. S95A1172.Supreme Court of Georgia. DECIDED OCTOBER 23, 1995. CARLEY, Justice. Appellant and appellee were divorced pursuant a decree which incorporated their settlement agreement. One provision of the incorporated settlement agreement obligated appellee to pay monthly alimony until appellant “cohabits as same is defined by Georgia law.” When appellee subsequently […]

320 S.E.2d 751 CROMER v. THE STATE. 40841.Supreme Court of Georgia. DECIDED OCTOBER 1, 1984. BELL, Justice. The appellant, Robert Cromer, was convicted of the murder of Harold McKinnon and received a life sentence. His motion for new trial was denied, and he now appeals. We affirm. Testimony established that Harold McKinnon went home about […]

573 S.E.2d 362 JOHNSON v. THE STATE S02A0863.Supreme Court of Georgia. Decided November 25, 2002 BENHAM, Justice. At age 14, appellant Brandon Johnson was charged as an adult with aggravated sodomy, aggravated child molestation, and aggravated sexual battery in conjunction with his alleged acts involving a six-year-old girl who pretended to be asleep while appellant […]

111 S.E.2d 721 PITMAN v. PITMAN. 20625.Supreme Court of Georgia.ARGUED OCTOBER 14, 1959. DECIDED NOVEMBER 19, 1959. REHEARING DENIED DECEMBER 2, 1959. 1. A demurrer to a petition does not, without more, cover the petition after it has been amended in material respects; but in such case the demurrer should be renewed if it is […]

61 S.E.2d 464 BELK v. COLLEAS et al. 17228.Supreme Court of Georgia. OCTOBER 11, 1950. An adjudication of insanity of a deceased at a time prior to the execution of the will sought to be probated raises a presumption of incapacity at the time the instrument was executed. While this is a rebuttable presumption, it […]

130 S.E.2d 707 LOCAL UNION 225, UNITED BROTHERHOOD OF CARPENTERS JOINERS OF AMERICA, AFL-CIO v. BRIGGS et al. 21980.Supreme Court of Georgia.ARGUED MARCH 12, 1963. DECIDED MARCH 25, 1963. CANDLER, Justice. A. R. Briggs, doing business as A. R. Briggs Construction Company, brought a suit in the Superior Court of Fulton County against Local Union […]

571 S.E.2d 351 HUBBARD v. THE STATE. S02A1102.Supreme Court of Georgia. Decided October 15, 2002 SEARS, Presiding Justice. Appellant Darrick Hubbard appeals his convictions for murder and related crimes, resulting in a life sentence.[1] Finding that the crimes charged against appellant were all part of a continuing course of conduct that occurred over the same […]

203 S.E.2d 856 SPENCER v. THE STATE. 28374.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1973. DECIDED FEBRUARY 6, 1974. REHEARING DENIED FEBRUARY 18, 1974. INGRAM, Justice. A jury in Fulton Superior Court convicted the Page 706 appellant of the murder of his wife and provided as punishment that he be imprisoned for the remainder of his […]

349 S.E.2d 707 GRADOUS v. BOARD OF COMMISSIONERS OF RICHMOND COUNTY. 43567.Supreme Court of Georgia. DECIDED NOVEMBER 12, 1986. CLARKE, Presiding Justice. This is a zoning case. The issue is whether the trial court erred in upholding the governing authority’s failure to rezone appellant’s property. We find no error and affirm. Ms. Gradous owns approximately […]

699 S.E.2d 22 SPONSLER v. SPONSLER. No. S10F0299.Supreme Court of Georgia. DECIDED JUNE 28, 2010. RECONSIDERATION DENIED JULY 26, 2010. MELTON, Justice. Following a bench trial, Jeffery Sponsler (Husband) and April Sponsler (Wife) were divorced pursuant to a Final Judgment and Decree of Divorce entered on June 16, 2009. The final decree was based, in […]

10 S.E.2d 920 SOVEREIGN CAMP WOODMEN OF THE WORLD v. NORMAN. 13227.Supreme Court of Georgia. SEPTEMBER 27, 1940. REHEARING DENIED OCTOBER 15, 1940. ATKINSON, Presiding Justice. The case came to this court from the Court of Appeals on writ of certiorari. The defendant in certiorari made a motion in this court to dismiss the case, […]

396 S.E.2d 215 TOWNS v. THE STATE. S90A0835.Supreme Court of Georgia. DECIDED SEPTEMBER 27, 1990. HUNT, Justice. Howard Towns was convicted of the felony murder of Stinson White and sentenced to life imprisonment.[1] He appeals, enumerating as error the sufficiency of the evidence, the admission into evidence of similar crimes, and the trial court’s charge […]

214 S.E.2d 667 JONES v. JONES. 29326.Supreme Court of Georgia.SUBMITTED OCTOBER 18, 1974. DECIDED FEBRUARY 25, 1975. GUNTER, Justice. This appeal is from a judgment that changed custody of a minor child from the father to the mother. The father had been awarded permanent custody of the child by a judgment entered August 29, 1973, […]

289 S.E.2d 765 ZANT v. HILL. 38415.Supreme Court of Georgia. DECIDED APRIL 7, 1982. WELTNER, Justice. Hill was convicted of murder and rape in the Superior Court of Baldwin County. He received a sentence of death for the murder and a life sentence for the rape. He subsequently petitioned the Superior Court of Butts County […]