Category: Georgia Supreme Court Opinions

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 […]

176 S.E.2d 709 MALLIN v. MALLIN. 25878.Supreme Court of Georgia.ARGUED JUNE 9, 1970. DECIDED JULY 9, 1970. REHEARING DENIED JULY 28, 1970. The evidence was insufficient to support the verdict granting the appellee an increase in alimony, and the judgment must be set aside. Under the particular facts of the case, it is remanded for […]

208 S.E.2d 846 DARDEN et al v. RAVAN et al. 28998.Supreme Court of Georgia.ARGUED JULY 9, 1974. DECIDED SEPTEMBER 17, 1974. NICHOLS, Presiding Justice. On May 6, 1974, the Judges of the Superior Court of the Cobb Judicial Circuit entered an order on the minutes of that court and and directed that copies of such […]

713 S.E.2d 381 PATEL et al. v. STATE OF GEORGIA et al. HANDY CHECK et al. v. STATE OF GEORGIA et al. DUDHWALA et al. v. STATE OF GEORGIA et al. PATEL et al. v. STATE OF GEORGIA et al. MEHTA et al. v. STATE OF GEORGIA et al. Nos. S11A0044, S11A0045, S11A0239, S11A0240, S11A0241.Supreme […]

27 S.E.2d 26 SHOPE v. SINGLETON. 14622.Supreme Court of Georgia. SEPTEMBER 9, 1943. JENKINS, Presiding Justice. 1. “Where a father relinquishes the custody and control of his minor child to another, the latter, if a suitable and proper person to have such custody and control, is legally entitled thereto.” Carter v. Brett, 116 Ga. 114 […]

271 S.E.2d 444 COBB BANK TRUST COMPANY v. HENRY et al. 36097.Supreme Court of Georgia.ARGUED JULY 7, 1980. DECIDED SEPTEMBER 4, 1980. NICHOLS, Justice. Certiorari was granted to review that portion of the opinion in Henry v. Cobb Bank c. Co., 151 Ga. App. 725 (261 S.E.2d 459) (1979), as adhered to in Henry v. […]

565 S.E.2d 437 LEWIS v. THE STATE. S02P0161.Supreme Court of Georgia. DECIDED: MAY 13, 2002. SEARS, Presiding Justice. A jury found Christopher Kirkprock Lewis guilty of malice murder, burglary and other offenses. The jury recommended a death sentence after finding three statutory aggravating circumstances: the murder was committed while Lewis was engaged in the commission […]

546 S.E.2d 277 IN THE MATTER OF ALFRED OBI NIBO. S01Y0613.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 PER CURIAM. This matter is before the Court on the Petition for Voluntary Surrender of License of Respondent Alfred Obi Nibo filed pursuant to Bar Rules 4-110 (f) and 4-227 (a) and on the Final Report and […]

602 S.E.2d 610 WELBON v. THE STATE. S04A0882.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. FLETCHER, Chief Justice. Wayne Terry Welbon appeals from his convictions for malice murder and possession of a firearm during the commission of a crime.[1] Finding no error, we affirm. 1. The evidence presented at trial showed that Welbon and Judy […]

268 S.E.2d 895 WILSON v. THE STATE. 35987.Supreme Court of Georgia.ARGUED APRIL 14, 1980. DECIDED JUNE 10, 1980. REHEARING DENIED JUNE 24, 1980. HILL, Justice. This is a death case. From the presentation of the evidence the jury was authorized to find the following: The defendant, Joseph Wilson, Jr., and the victim, George A. Knox, […]

378 S.E.2d 857 HARVEY FREEMAN SONS, INC. v. STANLEY et al. HARVEY FREEMAN SONS, INC. v. RIVERS et al. 46467, 46468.Supreme Court of Georgia. DECIDED MAY 11, 1989. MARSHALL, Chief Justice. These were actions against an apartment-complex owner, its resident manager (Sandy Clark), and her husband, Daniel, for sexually abusive acts allegedly committed by the […]

435 S.E.2d 200 IN THE MATTER OF CHARLES A. PRESTO. No. S93Y0534.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1993. PER CURIAM. The State Bar filed a formal complaint against Respondent Charles A. Presto in 1991 for violations of Standards 4 and 25 of Rule 4-102. This case relates back to 1990, when a special master […]

211 S.E.2d 777 HARDIN v. HOPPER. 29272.Supreme Court of Georgia. DECIDED NOVEMBER 5, 1974. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. Gunter and Ingram, JJ., concur in the judgment only. DECIDED NOVEMBER 5, 1974. Habeas corpus. Tattnall Superior Court. Before Judge Emeritus Durrence. Troy […]

260 S.E.2d 15 JACKSON v. THE STATE. 34880.Supreme Court of Georgia.SUBMITTED MAY 4, 1979. DECIDED SEPTEMBER 6, 1979. REHEARING DENIED SEPTEMBER 25, 1979. BOWLES, Justice. Defendant, Jerry Lee Jackson, was convicted of murder and sentenced to life imprisonment. He brings two enumerations of error to this court. We affirm. 1. Defendant first contends that the […]

241 S.E.2d 230 THE STATE v. GRIFFIN. 32631.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1977. DECIDED JANUARY 5, 1978. UNDERCOFLER, Presiding Justice. We review the grant of certiorari to the state challenging Division 3 of the Court of Appeals opinion in Griffin v. State, 142 Ga. App. 362 (235 S.E.2d 724) (1977). The facts in contest […]

481 S.E.2d 221 FIRST BORN CHURCH OF THE LIVING GOD, INC. v. HILL ET AL. S97A0119.Supreme Court of Georgia. DECIDED FEBRUARY 24, 1997. CARLEY, Justice. The First Born Church of the Living God, Inc. (Church) is a hierarchical religious organization whose membership includes Ronald Hill and the other appellees (Members). Invoking OCGA §14-3-703 (a) of […]

225 S.E.2d 269 BAKER v. THE STATE. 30834.Supreme Court of Georgia.SUBMITTED FEBRUARY 16, 1976. DECIDED APRIL 20, 1976. REHEARING DENIED MAY 4, 1976. HALL, Justice. The main question raised by Baker in this appeal from his murder conviction is the scope of the word “felony” in Georgia’s felony murder statute. Code Ann. § 26-1101 (b). […]

117 S.E.2d 531 SAMMONS v. TINGLE. 21068.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1960. DECIDED NOVEMBER 22, 1960. REHEARING DENIED DECEMBER 5, 1960. CANDLER, Justice. Florence Gay Tingle instituted an equitable action in the Superior Court of Laurens County against George A. Tingle and Irene Tingle Sammons, to cancel a security deed which the defendant George […]

107 S.E.2d 188 MARSH, Administrator v. ANDERSON et al. 20278.Supreme Court of Georgia.ARGUED JANUARY 12, 1959. DECIDED FEBRUARY 6, 1959. HAWKINS, Justice. Johnny Marsh, as administrator de bonis non with the will annexed on the estate of John Marsh, deceased, brought his petition in Jones Superior Court, against eleven named persons as devisees and legatees […]

227 S.E.2d 53 GORDON v. GORDON. 31006.Supreme Court of Georgia.SUBMITTED APRIL 19, 1976. DECIDED JUNE 30, 1976. HILL, Justice. Edward F. Gordon brought a petition in Fulton Superior Court for habeas corpus against Vicki Lynn Thompson Gordon for custody of their children based on a Tennessee judgment awarding him custody. The superior court granted his […]

252 S.E.2d 452 BLUE v. BLUE. 34165.Supreme Court of Georgia.ARGUED OCTOBER 11, 1978. DECIDED JANUARY 24, 1979. HALL, Justice. The issue presented in this case is whether a Georgia court may modify a sister state’s award of alimony and child support after the foreign decree has been domesticated in Georgia. In 1972, the Blues were […]

409 S.E.2d 661 LAWRENCE v. THE STATE. S91A1197.Supreme Court of Georgia. DECIDED NOVEMBER 1, 1991. BENHAM, Justice. This appeal is from appellant’s conviction for felony murder.[1] Page 648 Appellant’s sole contention on appeal is that the evidence was not sufficient to warrant his conviction. The evidence at trial authorized the jury to find the following […]

208 S.E.2d 817 BRADLEY v. BRADLEY. 28935.Supreme Court of Georgia.SUBMITTED JUNE 11, 1974. DECIDED SEPTEMBER 6, 1974. The trial judge did not abuse his discretion in denying the extraordinary motion for new trial based on newly discovered evidence. SUBMITTED JUNE 11, 1974 — DECIDED SEPTEMBER 6, 1974. Divorce. Cobb Superior Court. Before Judge Ravan. Grubbs […]

565 S.E.2d 442 CHAPMAN v. THE STATE S02A0230.Supreme Court of Georgia. DECIDED: JUNE 10, 2002 BENHAM, Justice. In April 1989, Warren Jones was shot and killed by one of four armed men who confronted him and his companion and stole his automobile. Jones’s companion, Jeffrey O’Neal, was accosted by two of the four perpetrators and […]

527 S.E.2d 187 TRAVELERS, INC., et al. v. PATTERMAN et al. S99G0530.Supreme Court of Georgia. DECIDED: FEBRUARY 28, 2000 HINES, Justice. This Court granted certiorari to the Court of Appeals to consider its decision in Patterman v. Travelers, Inc., 235 Ga. App. 784(510 S.E.2d 307)(1998), and whether the Court of Appeals was correct in determining […]

210 S.E.2d 172 RICHMOND COUNTY PROPERTY OWNERS ASSOCIATION et al. v. AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY et al. 29200.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1974. DECIDED OCTOBER 8, 1974. REHEARING DENIED OCTOBER 25, 1974. NICHOLS, Presiding Justice. Richmond County Property Owners Association, and others filed a complaint in the Richmond County Page 95 Superior Court seeking […]

316 S.E.2d 452 KEATON v. THE STATE. 40800.Supreme Court of Georgia. DECIDED JUNE 12, 1984. SMITH, Justice. Appellant Thomas Keaton, Jr., was indicted for two counts of selling marijuana in violation of the Georgia Controlled Substances Act. OCGA § 16-13-30. He was tried before a jury, convicted, and sentenced to six years’ imprisonment for each […]

421 S.E.2d 705 CITY OF ATLANTA v. LEE et al. LOMAX et al. v. LEE et al. S92A0801, S92A0802.Supreme Court of Georgia. DECIDED OCTOBER 16, 1992. HUNT, Justice. In Lomax v. Lee, 261 Ga. 575 (408 S.E.2d 788) (1991), we upheld the validity of a 1952 constitutional amendment establishing a Joint City/County Board of Tax […]

279 S.E.2d 683 GIANT MART CORPORATION v. GIANT DISCOUNT FOODS, INC. 37285.Supreme Court of Georgia. DECIDED JULY 7, 1981. CLARKE, Justice. Giant Discount Foods, Inc., appellee here, sued to enjoin the use of the names “Giant” and “Discount Foods” by appellant in the operation of its business in Warner Robins, Georgia. The evidence authorized a […]

342 S.E.2d 308 ENDSLEY v. INTERNATIONAL BUSINESS MACHINES CORPORATION. 43159.Supreme Court of Georgia. DECIDED APRIL 23, 1986. PER CURIAM. Oliver H. Endsley III sued International Business Machines Corporation (IBM) praying for an injunction restraining the withholding of money from his salary to satisfy a claim of the Internal Revenue Service for delinquent taxes. The trial […]

9 S.E.2d 61 QUARTERMAN v. PERRY, executrix. 13224.Supreme Court of Georgia. MAY 17, 1940. JENKINS, Justice. This was a suit to enjoin alleged timber, turpentine, and other trespasses by the defendant on a described 142-acre tract, which the plaintiff claimed under a tax deed based upon executions against a person who was the executor of […]

375 S.E.2d 842 JARRELLS v. THE STATE. 45906.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1989. HUNT, Justice. Jonathen Jarrells was convicted by a Walker County jury of murder, armed robbery and aggravated assault. He was sentenced to death.[1] Gertie Elrod and her sister Lorraine Elrod lived together in Chattoogaville across the road from the defendant’s […]

274 S.E.2d 314 TODD v. SPEARS et al. 36610.Supreme Court of Georgia. DECIDED JANUARY 16, 1981. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur, except Gregory, J., not participating. DECIDED JANUARY 16, 1981. Construction of will. Peach Superior Court. Before Judge Page 9 Johnson. Hulbert, Daniel Lawson, D. P. Hulbert, Tom […]

530 S.E.2d 192 JORDAN v. THE STATE. S00A0513.Supreme Court of Georgia. DECIDED: MAY 8, 2000. BENHAM, Chief Justice. Appellant Jason Jordan was convicted of malice murder as a party to the crime and hindering the apprehension of a criminal in connection with the death of Thurman Martin.[1] On appeal, he takes issue with the sufficiency […]

195 S.E.2d 8 YEARGIN et al. v. HAMILTON MEMORIAL HOSPITAL et al. 27556.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1972. DECIDED DECEMBER 4, 1972. REHEARING DENIED DECEMBER 18, 1972. UNDERCOFLER, Justice. Dr. Yeargin sued the Hamilton Memorial Hospital, a public tax supported institution, and the Dalton-Whitfield County Hospital Authority for damages and an injunction to prevent […]

76 S.E.2d 401 CARTER et al. v. WALKER. 18224.Supreme Court of Georgia.ARGUED MAY 12, 1953. DECIDED JUNE 8, 1953. WYATT, Justice. 1. Where it is apparent that this court is without jurisdiction, it is the duty of the court on its own motion to raise such question, and to dismiss the writ of error. Adams […]

350 S.E.2d 23 MACON TELEGRAPH PUBLISHING COMPANY v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA et al. 43166.Supreme Court of Georgia. DECIDED NOVEMBER 19, 1986. BELL, Justice. This appeal involves the issue of whether certain records of appellee University of Georgia Athletic Association (hereinafter the Athletic Association) are subject to disclosure under OCGA […]

36 S.E.2d 102 LEDFORD, tax receiver, v. McCONNELL et al. 15325.Supreme Court of Georgia. NOVEMBER 15, 1945. WYATT, Justice. The only assignment of error in the bill of exceptions being to a judgment overruling the defendant’s demurrer to a petition for mandamus, the bill of exceptions is prematurely brought and must be dismissed. Nichols v. […]

93 S.E.2d 717 HUNTER v. OGLETREE et al. 19371.Supreme Court of Georgia.ARGUED JUNE 11, 1956. DECIDED JULY 10, 1956. REHEARING DENIED JULY 24, 1956. A petition setting out, first, a cause of action based upon an alleged contract between the decedent and the plaintiff’s mother that the decedent would adopt the plaintiff, and second, a […]

385 S.E.2d 402 PAGE v. WHEALE; and vice versa. S89A0300, S89X0301.Supreme Court of Georgia. DECIDED NOVEMBER 9, 1989. RECONSIDERATION DENIED NOVEMBER 29, 1989. WELTNER, Justice. Jessie Page and the late Bernice Wheale were sisters, and were tenants in common of real property that was their dwelling place. Bernice Wheale was survived by her husband, David […]

8 S.E.2d 776 PATTEN et al. v. MILLER. 13246.Supreme Court of Georgia. APRIL 10, 1940. 1. Where an officer is in possession of an office, and another person, even though he be a claimant thereto, seeks to interfere by force with such possession, a court of equity, at the instance of the incumbent, will prevent […]

200 S.E.2d 271 WADE v. THE STATE. 28146.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1973. DECIDED SEPTEMBER 20, 1973. GUNTER, Justice. The appellant here brought an application for a writ of habeas corpus below contending that he was being held illegally in the custody of the Sheriff of Habersham County following his conviction by a jury. […]

243 S.E.2d 77 WIMPY v. GILREATH. 33038.Supreme Court of Georgia.ARGUED JANUARY 9, 1978. DECIDED MARCH 8, 1978. MARSHALL, Justice. In this action for trespass and injunction, the verdict and judgment in favor of the plaintiff-appellee were authorized by the appellee’s deed and a plat made therefrom, which were admitted in evidence without objection; testimony by […]

584 S.E.2d 246 STATHAM v. KELLY et al. S03A1041.Supreme Court of Georgia. Decided July 10, 2003 THOMPSON, Justice. Via warranty deed, J. E. Statham conveyed a fee simple interest in certain real property to his granddaughter, Annette Kelly, and her husband, Wayne Kelly. The conveyance was made in consideration of Annette’s “love and affection” and […]

282 S.E.2d 341 BYNUM v. STANDARD (CHEVRON) OIL COMPANY. 37510.Supreme Court of Georgia. DECIDED SEPTEMBER 30, 1981. PER CURIAM. After further consideration, we have concluded that the writ of certiorari in this case was improvidently granted, and it is therefore dismissed. Writ dismissed. Jordan, C. J., Hill, P. J., Marshall and Clarke, JJ., concur. Smith […]

26 S.E.2d 711 NIXON et al. v. NIXON. 14507.Supreme Court of Georgia. JUNE 11, 1943. REHEARING DENIED JULY 9, 1943. 1. An application for a year’s support under the Code, § 113-1002, is a suit as contemplated by § 3-704, which prescribes a limitation of twenty years for the bringing of suits there referred to. […]

506 S.E.2d 850 IN THE MATTER OF LAWRENCE SCOTT McLARTY. S98Y1166.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. PER CURIAM. This disciplinary matter is before the Court following the entry of an order of the Superior Court of Clarke County pursuant to disciplinary Standard 66 (d), Rule 4-102 (d) of the Rules and Regulations of […]

165 S.E.2d 647 JAMISON et al. v. CITY OF ATLANTA et al. 24983.Supreme Court of Georgia.ARGUED DECEMBER 10, 1968. DECIDED JANUARY 9, 1969. REHEARING DENIED JANUARY 23, 1969. FRANKUM, Justice. 1. The matter of fixing municipal corporate limits is strictly legislative, and it was in 1951 beyond the power of the General Assembly to delegate […]

454 S.E.2d 124 PEARSON v. PEARSON. S94A1632.Supreme Court of Georgia. DECIDED MARCH 6, 1995. BENHAM, Presiding Justice. The parties were divorced in 1982 by a Texas judgment that required appellee/husband to pay $300 per month child support for the couple’s minor son. Each party thereafter moved to Georgia, where appellant/wife filed a petition seeking modification […]

239 S.E.2d 685 GREER v. MOSS. 32780.Supreme Court of Georgia.ARGUED OCTOBER 11, 1977. DECIDED NOVEMBER 2, 1977. HILL, Justice. May the mother bring an action for child support against the father after custody of the children has been awarded to her in a final divorce decree rendered in a proceeding in which the court had […]

440 S.E.2d 1 WOODS v. THE STATE. S93A1491.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1994. SEARS-COLLINS, Justice. Johnny Woods was convicted of malice murder and felony murder in the shooting death of Alice Lou Youngblood, with whom he was romantically involved.[1] The trial court merged the felony murder and malice murder convictions and sentenced Woods […]

14 S.E.2d 456 HUFF, alias O’SHIELDS, v. ALDREDGE, sheriff. 13676.Supreme Court of Georgia. APRIL 15, 1941. 1. The authority to pardon, conferred upon the Governor by the constitution (Code, § 2-2612), includes the power to attach any condition precedent or subsequent which is not illegal, immoral, or impossible of performance. 2. Where a prisoner out […]

349 S.E.2d 703 BOARD OF TRUSTEES OF THE EMPLOYEES’ RETIREMENT SYSTEM OF THE STATE OF GEORGIA et al. v. ENGLADE. 43754.Supreme Court of Georgia. DECIDED NOVEMBER 6, 1986. RECONSIDERATION DENIED NOVEMBER 25, 1986. WELTNER, Justice. This is a mandamus action in which Englade sought an order compelling the Board of Trustees of the Employees’ Retirement […]

657 S.E.2d 197 SHEPHERD v. COLLINS. No. S07A1658.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. HINES, Justice. We granted discretionary review in this action for modification of alimony and child support in order to consider the correctness of the trial court’s ruling that the language of the parties’ settlement agreement established an obligation for the […]

140 S.E.2d 856 TAYLOR v. NOLAND et al. 22782.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1965. DECIDED FEBRUARY 4, 1965. GRICE, Justice. This is a suit by a property owner against his security deed grantee, the assignee of the security deed and note, and the assignee’s attorneys. The only assignment of error in the bill of […]

240 S.E.2d 704 OSBORNE v. OSBORNE. 32982.Supreme Court of Georgia.ARGUED NOVEMBER 17, 1977. DECIDED DECEMBER 5, 1977. PER CURIAM. The trial court did not abuse its discretion in denying the motion for a continuance due to appellant’s alleged illness. Code Ann. §§ 81-1412, 81-1419; Williford v. Williford, 230 Ga. 543 (198 S.E.2d 181) (1973). Judgment […]

34 S.E.2d 509 CARVER v. CARVER. 15190.Supreme Court of Georgia. JUNE 5, 1945. JENKINS, Presiding Justice. This was a petition for alimony on behalf of a wife only. On the trial the jury returned a verdict against the plaintiff, and the judge overruled her motion for new trial based only on the general grounds. The […]

242 S.E.2d 18 RETAIL UNION HEALTH WELFARE FUND v. SEABRUM et al. 32967.Supreme Court of Georgia.ARGUED NOVEMBER 17, 1977. DECIDED JANUARY 18, 1978. REHEARING DENIED FEBRUARY 8, 1978. HILL, Justice. The defendant, a nonresident insurer not authorized to transact business in this state, issued a life insurance policy on the life of a Georgia resident […]

59 S.E.2d 392 SUTTLES, Tax Collector, v. OWENS-ILLINOIS GLASS COMPANY. 17070.Supreme Court of Georgia. MAY 8, 1950. Where the undisputed evidence shows that accounts receivable owned and held by a non-resident corporation arose out of sales of goods made to residents of this State on orders taken by agents of the seller who maintained offices […]

118 S.E.2d 488 LUKE v. CRUMLEY. 21134.Supreme Court of Georgia.ARGUED JANUARY 10, 1961. DECIDED FEBRUARY 9, 1961. REHEARING DENIED FEBRUARY 23, 1961. CANDLER, Justice. In the instant case no error of law is complained of, and the verdict rendered in favor of the defendant is amply supported by evidence and has the approval of the […]

272 S.E.2d 721 STATE OF GEORGIA v. DAVIS. 36751.Supreme Court of Georgia.ARGUED OCTOBER 15, 1980. DECIDED DECEMBER 2, 1980. BOWLES, Justice. Defendant Davis was indicted for criminal solicitation under Code Ann. § 26-1007.[1] Upon motion of the defendant, the trial court dismissed the indictment finding the statute unconstitutionally vague in its description of prohibited activity […]

412 S.E.2d 840 WILMONT v. THE STATE. S91A1585.Supreme Court of Georgia. DECIDED DECEMBER 5, 1991. WELTNER, Justice. Samuel Wilmont stabbed James Attaway to death with a knife. He was convicted by a jury of malice murder, and was sentenced to life imprisonment.[1] 1. The evidence is sufficient under Jackson v. Virginia, 443 U.S. 307 (99 […]

150 S.E.2d 630 HORTON v. HORTON. 23571.Supreme Court of Georgia.SUBMITTED JULY 11, 1966. DECIDED SEPTEMBER 8, 1966. CANDLER, Presiding Justice. Clarine Kelley Horton sued Wilburn Burnis Horton for divorce and alimony in the Superior Court of Coffee County. A divorce was granted on March 11, 1963. A contract between the parties, dated January 26, 1963, […]

612 S.E.2d 794 IN THE MATTER OF SPURGEON GREEN III. S05Y1056.Supreme Court of Georgia. DECIDED MAY 9, 2005. PER CURIAM. This disciplinary matter is before the Court pursuant to the Report and Recommendation of the Review Panel of the State Disciplinary Board which recommends that Respondent Spurgeon Green III receive a 90-day suspension, pursuant to […]

386 S.E.2d 660 IN THE MATTER OF VALERIE D. BELMONT. SUPREME COURT DISCIPLINARY NO. 668.Supreme Court of Georgia. DECIDED OCTOBER 19, 1989. PER CURIAM. Respondent Valerie D. Belmont was found guilty of violating Standards 22, 23, 44, and 68 of Rule 4-102 of the State Bar Rules. Based upon these violations, the Review Panel of […]

641 S.E.2d 524 YANCEY v. THE STATE. No. S07A0108.Supreme Court of Georgia. DECIDED FEBRUARY 26, 2007. SEARS, Chief Justice. James Yancey was convicted in 2004 of felony murder and two counts of aggravated assault for his role in the shooting death of Gregory Ferrell III and the aggravated assault of Terrell Lofton.[1] Yancey appeals, arguing […]

250 S.E.2d 431 BANKS v. GLASS. 33786.Supreme Court of Georgia.ARGUED OCTOBER 11, 1978. DECIDED NOVEMBER 7, 1978. PER CURIAM. This is the third appearance of this case before this court. Appellant was convicted of two counts of murder and was sentenced to death. This conviction was reversed. Banks v. State, 235 Ga. 121 (218 S.E.2d […]

498 S.E.2d 745 IN THE MATTER OF ALVIN R. LENOIR. S98Y1282.Supreme Court of Georgia. DECIDED MAY 26, 1998. PER CURIAM. Alvin R. Lenoir seeks reinstatement as a member in good standing of the State Bar of Georgia. In 1995 this Court suspended Lenoir for 24 months based on his guilty plea in the District Court […]

26 S.E.2d 921 GRIFFIN v. WOOD et al. 14605.Supreme Court of Georgia. SEPTEMBER 10, 1943. ATKINSON, Justice. 1. A judgment of the ordinary confirming and admitting to record the return of duly appointed appraisers, setting apart to a widow and minor children a year’s support after proper application and proceedings under the Code, § 113-1002 […]

10 S.E.2d 56 BRUCE v. JENNINGS, administrator. 13313.Supreme Court of Georgia. JULY 12, 1940. REHEARING DENIED JULY 23, 1940. On application of rules of law to the agreed facts in an action for specific performance, a vendee of realty was not entitled to an abatement on the balance owing on the price, in the amount […]

209 S.E.2d 157 GIVENS v. SPENCER et al. 28921.Supreme Court of Georgia.ARGUED JUNE 11, 1974. DECIDED SEPTEMBER 24, 1974. GUNTER, Justice. This appeal involves the question of whether the voting method used in the election of corporate directors was cumulative voting. The trial judge ruled that the appellee, who owned 650 shares of the voting […]

30 S.E.2d 606 HODNETT v. THE STATE. 14855.Supreme Court of Georgia. JUNE 7, 1944. 1. The evidence authorized the verdict. 2. In the absence of an appropriate written request, it is not cause for a new trial that the court omitted to instruct the jury as to the manner of testing the credibility of witnesses. […]

423 S.E.2d 254 POULOS et al. v. BREWER ASSOCIATES et al. S92A1308.Supreme Court of Georgia. DECIDED DECEMBER 2, 1992. HUNT, Justice. The Pouloses appeal from the trial court’s denial of their motion “for equitable resolution,” of their claims remaining after the Court of Appeals opinion in Poulos v. Home Fed. Savings c. Assn., 192 Ga. […]

439 S.E.2d 478 STEPHENS v. THE STATE. S93A1643.Supreme Court of Georgia. DECIDED FEBRUARY 7, 1994. HUNT, Presiding Justice. Pamela Stephens was convicted of malice murder and sentenced Page 790 to life imprisonment. She appeals and we affirm.[1] After the death of her husband in May of 1991, Lucy Miles, the victim, began living with her […]

548 S.E.2d 302 BUSH v. THE STATE S01A0430.Supreme Court of Georgia. DECIDED: JUNE 4, 2001 BENHAM, Chief Justice. Tywann Bush appeared at the City Court of Atlanta in response to two Uniform Traffic Citations, one for possession of less than one ounce of marijuana, and one for carrying a pistol without a license. No traffic […]

60 S.E.2d 134 ROBERT v. STEED. 17097.Supreme Court of Georgia. JUNE 13, 1950. 1. The respondent in this case forfeited his right to the office of county surveyor by his failure to give the bond required by law. 2. The Board of Commissioners of Roads and Revenues of Fulton County has authority to fill vacancies […]

183 S.E.2d 384 KENNEY v. THE STATE. 26596.Supreme Court of Georgia.SUBMITTED JULY 12, 1971. DECIDED JULY 15, 1971. REHEARING DENIED JULY 30, 1971. NICHOLS, Justice. This appeal was docketed in this court on May 11, 1971. The enumeration of errors was not filed until June 2, 1971. Under rules 14 and 20, in effect at […]

607 S.E.2d 586 GRANT v. THE STATE (two cases). S04A1654, S04A1805.Supreme Court of Georgia. DECIDED JANUARY 10, 2005. FLETCHER, Chief Justice. These two appeals arise out of the pending death penalty prosecution of Aundra Dermaine Grant. For the reasons set out below, we conclude that the trial court erred by removing Grant’s existing co-counsel, and […]

203 S.E.2d 183 HENDERSON v. HENDERSON. 28403.Supreme Court of Georgia.SUBMITTED NOVEMBER 2, 1973. DECIDED JANUARY 9, 1974. INGRAM, Justice. A single enumeration of error brings this case here for decision on appeal. It asserts that the trial court erred in dismissing the appellant’s complaint for contempt filed against the appellee. These parties were divorced in […]

561 S.E.2d 803 MITCHELL v. THE STATE. S01A1827.Supreme Court of Georgia. DECIDED: MARCH 28, 2002. BENHAM, Justice. Idris Antwjuan Mitchell brings this appeal from his conviction for malice murder, two counts of aggravated assault with intent to rob, two counts of aggravated assault with a deadly weapon, two counts of possession of a firearm during […]

535 S.E.2d 242 IN THE MATTER OF SUANNE D. STEINMAN. S00Y1948.Supreme Court of Georgia. DECIDED: SEPTEMBER 11, 2000. William P. Smith III, General Counsel State Bar, E. Duane Cooper, Assistant General Counsel State Bar, for State Bar of Georgia. PER CURIAM. This disciplinary matter is before the Court on Respondent Suanne D. Steinman’s second Petition […]

614 S.E.2d 47 LOVE et al. v. MONEY TREE, INC. S04G1474.Supreme Court of Georgia. DECIDED JUNE 6, 2005. RECONSIDERATION DENIED JUNE 30, 2005. SEARS, Presiding Justice. We granted certiorari in this case to consider whether the sale of memberships in automobile clubs constitutes the sale of insurance. The Court of Appeals held that it did […]

183 S.E.2d 752 HILL et al. v. SMALL. 26607.Supreme Court of Georgia.ARGUED JULY 13, 1971. DECIDED SEPTEMBER 8, 1971. UNDERCOFLER, Justice. The question here is whether the board of directors of Pleasant Hills Acres, Inc., is authorized to issue stock therein in excess of 10,000 shares. The trial court declared that it could not and […]

121 S.E.2d 768 DILLARD v. BRANNAN et al. 21315.Supreme Court of Georgia.ARGUED JULY 11, 1961. DECIDED SEPTEMBER 7, 1961. 1. The answer of the defendant in error, seeking to have a deed declared invalid for failure of consideration which alleged neither a present intention not to comply with the promise on the part of the […]

116 S.E.2d 737 BOARD OF COMMISSIONERS OF RICHMOND COUNTY v. THOMPSON et al. 21009.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1960. DECIDED OCTOBER 6, 1960. MOBLEY, Justice. The appeal is from a judgment of the Superior Court of Richmond County declaring null and void a resolution of the City-County Planning and Zoning Commission of Richmond County […]

450 S.E.2d 195 EVANS v. EMPLOYEES’ RETIREMENT SYSTEM OF GEORGIA. S94G0520.Supreme Court of Georgia. DECIDED NOVEMBER 7, 1994. RECONSIDERATION DENIED DECEMBER 20, 1994. BENHAM, Presiding Justice. Warren Evans retired from state employment in 1991, after sixteen years, one month of service, ten years, nine months of which were served as a member of the General […]

626 S.E.2d 500 MORRISON v. THE STATE (two cases). S05G1136, S05G1147.Supreme Court of Georgia. DECIDED FEBRUARY 13, 2006. HUNSTEIN, Presiding Justice. Joseph Morrison appealed from his convictions and sentences on various drug and firearm charges, challenging his convictions on the ground that the trial court was without jurisdiction to try him because he was being […]

130 S.E.2d 502 BULLOCH et al. v. WORTH. 21957.Supreme Court of Georgia.SUBMITTED FEBRUARY 11, 1963. DECIDED MARCH 11, 1963. In a probate proceeding, the propounder having established her prima facie case by showing due and voluntary execution and presence of testamentary capacity, it was not error to overrule the caveators’ motion for a new trial […]

212 S.E.2d 847 FREEMAN v. THE STATE. 29590.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1975. DECIDED FEBRUARY 11, 1975. INGRAM, Justice. Defendant appeals the overruling of his motion for new trial following his conviction in Fulton Superior Court for the offenses of armed robbery, carrying a concealed weapon and carrying a pistol without a license. A […]

205 S.E.2d 216 HEWELL v. THE STATE. 28796.Supreme Court of Georgia.SUBMITTED APRIL 5, 1974. DECIDED APRIL 23, 1974. UNDERCOFLER, Justice. Ernest D. Hewell was convicted of murder and sentenced to life imprisonment. He appeals to this court. Held: 1. The appellant contends that the trial court erred in failing to charge the jury on the […]

46 S.E.2d 160 BROWN v. THE STATE. 16021.Supreme Court of Georgia. JANUARY 9, 1948. 1. The evidence authorized the verdict. 2. There was no error in the admission of the confession. 3. The admission or rejection of evidence produced by leading questions is in the sound discretion of the trial judge and unless there is […]

338 S.E.2d 282 IN THE MATTER OF THOMAS C. JONES, JR. SUPREME COURT DISCIPLINARY No. 426.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1985. PER CURIAM. Thomas C. Jones, Jr. was charged with violating Standard 66 of State Bar Rule 4-102. He admits the violation of this Standard in that he entered a plea of guilty […]

156 S.E.2d 438 PICKETT, Executor v. FIRST NATIONAL BANK OF ATLANTA, Executor (two cases). 24174, 24175.Supreme Court of Georgia.ARGUED JULY 10, 1967. DECIDED JULY 14, 1967. The power to “manage, govern and otherwise enjoy” does not grant the power to encroach upon the corpus of a life estate. ARGUED JULY 10, 1967 — DECIDED JULY […]

419 S.E.2d 21 IN THE MATTER OF: INQUIRY CONCERNING A JUDGE NO. 1791. No. S92A1239.Supreme Court of Georgia. DECIDED JULY 9, 1992. PER CURIAM. OCGA § 15-10-25 (c) provides: Subject to the provision of Code section 15-10-24,[1] if any magistrate does not satisfactorily complete the required training in any year, the Georgia Magistrate Courts Training […]

329 S.E.2d 485 MURRAY v. THE STATE. 41911.Supreme Court of Georgia. DECIDED MAY 10, 1985. HILL, Chief Justice. Derek Theopolis Murray was convicted of murder for the stabbing death of Eugene Guinyard and received a life sentence. He appeals.[1] The jury was authorized to find that, after spending the evening in Jacksonville, the defendant and […]

190 S.E.2d 39 BOARD OF COMMISSIONERS OF WALTON COUNTY v. DEPARTMENT OF PUBLIC HEALTH et al. 26981.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1972. DECIDED MAY 19, 1972. HAWES, Justice. The State of Georgia, by and through the Georgia Department of Public Health, filed a complaint in the Superior Court of Walton County against the City […]

160 S.E.2d 403 WOOTEN v. THE STATE. 24374.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1967. DECIDED FEBRUARY 16, 1968. 1. A defendant in a criminal case may not successfully for the first time by a plea in abatement filed after an indictment has been returned against him, challenge the make-up of the grand jury which indicted […]