Category: Georgia Supreme Court Opinions

172 S.E.2d 409 BAKER v. THE STATE. 25514.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1969. DECIDED JANUARY 8, 1970. REHEARING DENIED JANUARY 26, 1970. FELTON, Justice. This appeal, from a judgment of conviction of the crime of murder with a sentence of life imprisonment, was docketed in this court on October 10, 1969. The enumeration of […]

9 S.E.2d 78 REYNOLDS, administrator, v. HYERS, administratrix, et al. 13148.Supreme Court of Georgia. MAY 14, 1940. The administrator of a deceased legatee brought suit against one who had been appointed temporary administratrix of the estate of the testator and the surety on her bond, for a judgment in the amount of the bequest. It […]

155 S.E.2d 383 WILLIAMS v. WILLIAMS, by Next Friend. 24065.Supreme Court of Georgia.ARGUED MAY 8, 1967. DECIDED MAY 18, 1967. MOBLEY, Justice. The appeal is from a judgment denying the appellant’s motion for summary judgment in an action brought against her by the appellee, through next friend, to set aside three deeds to 150 acres […]

182 S.E.2d 793 GEORGIA PUBLIC SERVICE COMMISSION et al. v. GENERAL TELEPHONE COMPANY OF THE SOUTHEAST. GEORGIA PUBLIC SERVICE COMMISSION et al. v. GENERAL TELEPHONE COMPANY OF GEORGIA. GEORGIA PUBLIC SERVICE COMMISSION et al. v. MUTUAL TELEPHONE COMPANY, INC. 26430, 26431, 26432.Supreme Court of Georgia.ARGUED APRIL 14, 1971. DECIDED MAY 20, 1971. REHEARING DENIED JUNE […]

227 S.E.2d 225 LEAGUE OF WOMEN VOTERS OF DEKALB COUNTY et al. v. BOARD OF ELECTIONS OF DEKALB COUNTY. 30996.Supreme Court of Georgia.ARGUED APRIL 19, 1976. DECIDED JUNE 8, 1976. JORDAN, Justice. The League of Women Voters of DeKalb County and three individual voters of the county brought an action for mandamus to require the […]

224 S.E.2d 349 ANTHONY v. ANTHONY. 30764.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1976. DECIDED FEBRUARY 24, 1976. REHEARING DENIED MARCH 12, 1976. PER CURIAM. This is a domestic relations case from Muscogee Superior Court in which a wife sought alimony from her husband. Although the complaint originally alleged the husband was a resident of the […]

422 S.E.2d 529 W. R. GRACE COMPANY, DEARBORN DIVISION v. MOUYAL et al. S92Q0994.Supreme Court of Georgia. DECIDED OCTOBER 21, 1992. BENHAM, Justice. This case is before this court as a certified question from the United States Court of Appeals for the Eleventh Circuit, pursuant to OCGA § 15-2-9 and Rule 37 of the Rules […]

67 S.E.2d 567 CARTER v. CITY COUNCIL OF AUGUSTA et al. 17617.Supreme Court of Georgia.SUBMITTED OCTOBER 8, 1951. DECIDED NOVEMBER 15, 1951. WYATT, Justice. I. H. Carter filed his petition in equity against the City Council of Augusta and the City Barber Board of Augusta, seeking to enjoin the enforcement of an ordinance and of […]

542 S.E.2d 99 DUDLEY v. THE STATE. S00G0895.Supreme Court of Georgia. DECIDED: FEBRUARY 16, 2001. HINES, Justice. OCGA § 17-7-52[1] affords certain rights, including the right to be prosecuted only upon a grand jury indictment, to peace officers charged with committing a crime alleged to have occurred while in the performance of the peace officer’s […]

179 S.E.2d 238 DENNIS v. DENNIS. 26208.Supreme Court of Georgia.ARGUED DECEMBER 14, 1970. DECIDED JANUARY 8, 1971. 1. The trial court did not err in charging the jury on common law marriage, since appellant testified that her marital relation with her husband began in 1963 when she lived with him and he held her out […]

20 S.E.2d 425 JACOBS v. RITTENBAUM et al.; et vice versa. 14014, 14015.Supreme Court of Georgia. APRIL 15, 1942. REHEARING DENIED MAY 21, 1942. BELL, Justice. 1. “No petition need be verified unless it seeks extraordinary equitable relief or remedy”. Code, § 81-109. “Petitions for a restraining order, injunction, receiver, or other extraordinary relief shall […]

88 S.E.2d 154 WALLACK v. WALLACK. 18996.Supreme Court of Georgia.SUBMITTED JUNE 14, 1955. DECIDED JULY 13, 1955. 1. In an equitable action by the former wife of the defendant, seeking a partition and an accounting by him of certain personal property alleged to have been acquired by them during their coverture in the State of […]

240 S.E.2d 11 MIZE v. THE STATE. 32627.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1977. DECIDED OCTOBER 25, 1977. REHEARING DENIED NOVEMBER 9, 1977. NICHOLS, Chief Justice. The defendant was tried and convicted of murder and sentenced to life imprisonment. 1. The first and thirteenth enumerations of error complain of the admission of photographs of the […]

231 S.E.2d 72 BARNES v. LEDFORD. 31075.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1976. 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 vacated and case […]

113 S.E.2d 125 WALTON v. CHATHAM. 20751.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1960. DECIDED FEBRUARY 11, 1960. HEAD, Presiding Justice. 1. “If a bill of exceptions is true, and contains, in connection with the transcript of the record, all the facts necessary to the understanding and adjudication of the alleged error, the judge shall sign […]

706 S.E.2d 464 IN THE MATTER OF PAMELA V DADA. No. S11Y0555.Supreme Court of Georgia. DECIDED FEBRUARY 28, 2011. PER CURIAM. This matter is before the Court on the Report and Recommendation of the special master, George E. Glaze, who was appointed pursuant to Bar Rule 4-106 of the Georgia Rules of Professional Conduct after […]

519 S.E.2d 221 JOHNSON v. THE STATE. S99P0356.Supreme Court of Georgia. DECIDED: JULY 6, 1999. HUNSTEIN, Justice. A jury convicted Marcus Ray Johnson of malice murder, felony murder, aggravated assault, rape and aggravated battery. The jury recommended a death sentence for the murder, finding the following statutory aggravating circumstances: the murder was committed while Johnson […]

216 S.E.2d 845 FURGERSON v. THE STATE. 29783.Supreme Court of Georgia.SUBMITTED MARCH 28, 1975. DECIDED JUNE 17, 1975. HILL, Justice. This is an out of time appeal, granted by the Superior Court of Telfair County where the defendant was convicted. After his arrest on June 21, 1970, defendant was indicted at the June Term for […]

662 S.E.2d 122 DUNCAN v. THE STATE. No. S08A0900.Supreme Court of Georgia. DECIDED JUNE 2, 2008. MELTON, Justice. Following a jury trial, Jeremy Duncan was convicted for the aggravated assault and murder of Marcus Durden as well as concealing Durden’s death. Duncan now appeals his convictions, contending that the evidence was insufficient to support the […]

202 S.E.2d 52 JENKINS v. JENKINS. 28366.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1973. DECIDED NOVEMBER 8, 1973. UNDERCOFLER, Justice. This appeal is from a judgment finding that Jack Rogers Jenkins was in contempt of the trial court’s judgment requiring him to make certain child support payments and to pay certain attorney fees. The brief for […]

233 S.E.2d 211 BURGESS v. CLINE. 31718.Supreme Court of Georgia.SUBMITTED NOVEMBER 19, 1976. DECIDED MARCH 2, 1977. GUNTER, Justice. Appellant sought to hold appellee in contempt of court for failure to pay child support payments for the months of August and September, 1975. The record shows that custody of the two children was changed by […]

364 S.E.2d 565 MATCHETT v. THE STATE. 45013.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1988. HUNT, Justice. Benjamin F. Matchett was convicted by a jury and received a life sentence for the murder of his son, Tony Copeland, twenty years consecutive for each of two counts of aggravated assault, and twenty years consecutive for one […]

235 S.E.2d 509 MITCHELL v. THE STATE. 31847.Supreme Court of Georgia.ARGUED MARCH 14, 1977. DECIDED MAY 12, 1977. PER CURIAM. This court granted certiorari to review a decision of the Court of Appeals holding that a party to a telephone conversation commits a criminal act under Code § 26-3001 (a) by secretly recording the conversation […]

266 S.E.2d 148 McNEAL v. GRINER. 35761.Supreme Court of Georgia.SUBMITTED DECEMBER 21, 1979. DECIDED FEBRUARY 27, 1980. REHEARING DENIED MARCH 18, 1980. BOWLES, Justice. Mr. McNeal and Ms. Griner were divorced in October, 1978. In June, 1979, Mr. McNeal brought an action to set aside the divorce and alimony decree based upon the fact that […]

105 S.E.2d 725 CLEMENTS v. THE STATE. 20250.Supreme Court of Georgia.ARGUED OCTOBER 14, 1958. DECIDED NOVEMBER 7, 1958. HAWKINS, Justice. The defendant was convicted of the alleged murder of his wife, Mrs. Jeraldine Clements, by the placing of strychnine, a poison, in sufficient quantities into a bottle of medicine that she was taking through her […]

494 S.E.2d 666 BURTON v. THE STATE. S97A1456.Supreme Court of Georgia. DECIDED JANUARY 26, 1998. FLETCHER, Presiding Justice. A jury convicted Patrick Burton of malice murder and felony murder in the shooting death of Victor Love.[1] Burton appeals and challenges two jury instructions and the effectiveness of his trial counsel. Because the charges contain no […]

684 S.E.2d 266 O’KEEFE v. O’KEEFE. No. S09F1368.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 2009. MELTON, Justice. The divorce trial of Donald J. O’Keefe (“Husband”) and Lynn O’Keefe (“Wife”) was scheduled to begin at 9:00 a.m. on September 25, 2008. Husband, however, did not appear for trial until 1:30 p.m. Because of this late arrival, […]

202 S.E.2d 450 BERRY v. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION. 28392.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1973. DECIDED DECEMBER 3, 1973. UNDERCOFLER, Justice. Maggie Lee Berry filed a complaint seeking to have canceled and set aside the foreclosure sale of certain property in Fulton County, Ga. She alleges that the sale is void for stated reasons […]

697 S.E.2d 779 COWART et al. v. WIDENER et al. No. S09G1177.Supreme Court of Georgia. DECIDED JULY 12, 2010. RECONSIDERATION DENIED JULY 26, 2010. NAHMIAS, Justice. The plaintiffs in this wrongful death case are Roby E. Cowart, Sr.’s estate and his two adult children. The defendants are Cowart’s brother-in-law Nathan Lee Widener, the trucking company […]

415 S.E.2d 158 HALL v. THE STATE. S91P0865.Supreme Court of Georgia. DECIDED DECEMBER 3, 1991. RECONSIDERATION DENIED DECEMBER 18, 1991. SMITH, Presiding Justice. The appellant, Dennis Hall, was convicted by a jury in Barrow County of the murder of his ten-year-old son Adrian, of two counts of cruelty to children, and of discharging a firearm […]

53 S.E.2d 358 CITY OF ATLANTA v. AWTRY LOWNDES COMPANY. 16559.Supreme Court of Georgia. APRIL 12, 1949. REHEARING DENIED MAY 12, 1949. ATKINSON, Presiding Justice. 1. Under the zoning ordinance of the City of Atlanta, undertaking establishments, together with other business and uses enumerated as Class U-7, may, under § 93-210 of the Code of […]

145 S.E.2d 512 BRAGG v. THE STATE. 23172.Supreme Court of Georgia.SUBMITTED OCTOBER 11, 1965. DECIDED OCTOBER 19, 1965. DUCKWORTH, Chief Justice. The accused was indicted, tried and convicted of robbery by the use of an offensive weapon. A motion for new trial was duly filed, amended, and after a hearing, overruled, and the exception is […]

244 S.E.2d 842 THOMAS et al. v. NORTHEAST GEORGIA COUNCIL, INC., BOY SCOUTS OF AMERICA. 33254.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1978. DECIDED APRIL 18, 1978. REHEARING DENIED MAY 2, 1978. JORDAN, Justice. The tax officials of Rabun County appeal from an adverse summary judgment order enjoining the collection of ad valorem taxes on a […]

371 S.E.2d 398 BRACKIN v. THE STATE. 45818.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1988. SMITH, Justice. The appellant, Stephen Michael Brackin, was tried and convicted of malice murder and theft by taking of an automobile. We affirm.[1] A family member noticed the victim’s automobile was missing from his house on Christmas morning. When the […]

198 S.E.2d 656 HAMMERS v. HAMMERS. 27907.Supreme Court of Georgia.SUBMITTED MAY 15, 1973. DECIDED JUNE 21, 1973. HAWES, Justice. Where, as in the present case, a wife sued her husband for divorce, he being a nonresident of Georgia, and where personal service was had upon him by service of a second original in the State […]

81 S.E.2d 6 DAY v. DAY. 18497.Supreme Court of Georgia.SUBMITTED FEBRUARY 9, 1954. DECIDED MARCH 9, 1954. 1. A motion to set aside a verdict and decree on the ground that they were entered in consequence of perjury will not be granted unless it appears that the person charged therewith has been duly convicted of […]

622 S.E.2d 337 IN THE MATTER OF CHARLES DOUGLAS BEST (eight cases). S05Y1880, S05Y1881, S05Y1882, S05Y1883, S05Y1884, S05Y1885, S05Y1886, S05Y1887.Supreme Court of Georgia. DECIDED NOVEMBER 21, 2005. PER CURIAM. These disciplinary matters are before the Court on the Notices of Discipline filed by the State Bar against Respondent Charles Douglas Best in which it recommends […]

173 S.E.2d 213 DeLONG v. DeLONG. 25624.Supreme Court of Georgia.ARGUED JANUARY 14, 1970. DECIDED FEBRUARY 5, 1970. REHEARING DENIED FEBRUARY 19, 1970. UNDERCOFLER, Justice. Billy Bryson DeLong filed a complaint in the nature of habeas corpus against Marcelle Berry DeLong seeking the custody of the minor child of the parties for the visitation periods provided […]

156 S.E.2d 78 BURGESS et al. v. JOHNSON, Solicitor General, et al. 24130.Supreme Court of Georgia.SUBMITTED JUNE 12, 1967. DECIDED JUNE 22, 1967. ALMAND, Presiding Justice. On the petition of Clete D. Johnson, Solicitor General of the Northern Judicial Circuit, against Charles M. Johnson owner of certain described property off Georgia Highway No. 77, about […]

136 S.E.2d 351 BELCH v. GULF LIFE INSURANCE COMPANY. 22305.Supreme Court of Georgia.ARGUED MARCH 9, 1964. DECIDED APRIL 9, 1964. REHEARING DENIED APRIL 21, 1964. 1. The Court of Appeals erred in directing that judgment n.o.v. be entered for the insurance company as the evidence did not demand a finding of suicide, but there was […]

524 S.E.2d 233 YOUNG v. THE STATE. S99A1735.Supreme Court of Georgia. DECIDED: NOVEMBER 22, 1999. HUNSTEIN, Justice. Mark Young, Jr. was convicted of malice murder and other charges arising out of the stabbing death of Andre Morrell. He Page 18 appeals from the denial of his motion for a new trial[1] challenging only the sufficiency […]

157 S.E.2d 731 NORTHEAST FACTOR DISCOUNT COMPANY, INC. et al. v. JACKSON, Superintendent of Banks. 24285.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1967. DECIDED OCTOBER 20, 1967. 1. Constitutional attacks upon Acts of the General Assembly will not be passed upon when such a determination is not necessary to protect the rights of a litigant. 2. […]

223 S.E.2d 672 HERLONG v. THE STATE. 30626.Supreme Court of Georgia.ARGUED JANUARY 13, 1976. DECIDED FEBRUARY 11, 1976. REHEARING DENIED FEBRUARY 24, 1976. PER CURIAM. James Gandy and James Herlong, Jr. were indicted, tried and convicted for murder. Each received a life sentence. Herlong filed the present appeal. 1. Charlie Davis, a retired railroad employee […]

141 S.E.2d 541 IVY v. THE STATE. 22842.Supreme Court of Georgia.SUBMITTED FEBRUARY 8, 1965. DECIDED MARCH 3, 1965. 1, 2, 4. Where, as here, the evidence is sufficient to show beyond a reasonable doubt that the defendant committed the offense of murder with a particular weapon as charged in the indictment, his conviction is authorized […]

622 S.E.2d 339 RAMOS v. TERRY. S05A1123.Supreme Court of Georgia. DECIDED NOVEMBER 21, 2005. BENHAM, Justice. We granted petitioner Roberto Ramos’s request for a certificate of probable cause to appeal the denial of his petition for a writ of habeas corpus in order to determine whether Ramos was denied a full and fair habeas hearing […]

216 S.E.2d 851 ENGLISH v. THE STATE. 29861.Supreme Court of Georgia.SUBMITTED MAY 13, 1975. DECIDED JUNE 17, 1975. UNDERCOFLER, Presiding Justice. Tony Curtis English was convicted of the murder of Willie Lewis Floyd and was sentenced to life imprisonment. The evidence shows that on the night of September 14, 1974, Glenda Travis, her three-year-old son, […]

130 S.E.2d 736 WRIGHT et al. v. FLORIDA-GEORGIA TRACTOR COMPANY. 21946.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1963. DECIDED APRIL 4, 1963. REHEARING DENIED APRIL 16, 1963. 1. A general finding by the jury for one of the parties in the case is tantamount to a finding for the whole amount of that party’s claim. 2. […]

290 S.E.2d 460 IN THE MATTER OF LOWE. SUPREME COURT DISCIPLINARY NOS. 155, 209, 224.Supreme Court of Georgia. DECIDED APRIL 21, 1982. PER CURIAM. In Docket No. 155 respondent was found by the State Disciplinary Board to be in violation of Bar Rule 4-102 Standard 44 in that he allowed a case against his client […]

438 S.E.2d 359 BOLDEN v. THE STATE. S93A1974.Supreme Court of Georgia. DECIDED JANUARY 10, 1994. RECONSIDERATION DENIED FEBRUARY 3, 1994. HUNSTEIN, Justice. Appellant, Willie Frank Bolden, was found guilty of the felony murder of Eddie Dobson and of possession of a firearm during the commission of a crime.[1] Bolden appeals, contending that the trial court […]

330 S.E.2d 592 ANDERSON v. THE STATE. 42093.Supreme Court of Georgia. DECIDED JUNE 19, 1985. GREGORY, Justice. On February 21, 1984, the defendant left his home in South Bend, Indiana and drove to Atlanta to visit his mother, traveling fifteen hours without rest. Once in Atlanta, the defendant’s stepfather met him to lead the defendant […]

189 S.E.2d 409 GABLE v. GABLE. 27148.Supreme Court of Georgia.ARGUED APRIL 12, 1972. DECIDED MAY 3, 1972. The trial court did not err in entering judgment holding the appellant in contempt of court, altering his visitation rights as to his child and requiring him to pay expenses of a nonresident medical witness. ARGUED APRIL 12, […]

651 S.E.2d 66 LINDSEY v. THE STATE. No. S07A1220.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 2007. THOMPSON, Justice. Lorenzo Dexter Lindsey was convicted of malice murder and criminal solicitation in the fatal shooting of Marcus Taylor.[1] Because we find that the trial court committed error in allowing the prosecution to inform the jury of Lindsey’s […]

387 S.E.2d 330 IN THE MATTER OF ALAN C. MANHEIM. SUPREME COURT DISCIPLINARY NO. 577.Supreme Court of Georgia. DECIDED JANUARY 11, 1990. RECONSIDERATION DENIED JANUARY 30, 1990. PER CURIAM. The State Bar of Georgia brought disciplinary proceedings against Alan C. Manheim, charging him with violations of Standards 4, 44, 45, and 63 of Bar Rule […]

292 S.E.2d 667 THE STATE v. LEWIS. 38563.Supreme Court of Georgia. DECIDED JUNE 22, 1982. HILL, Presiding Justice. We granted certiorari to review the Court of Appeals decision in Lewis v. State, 161 Ga. App. 348 (288 S.E.2d 124) (1982), which held that the evidence adduced at trial was insufficient to uphold the defendant’s conviction […]

134 S.E.2d 6 HERREN et al. v. BOARD OF EDUCATION OF CITY OF MARIETTA et al. 22227.Supreme Court of Georgia.ARGUED OCTOBER 14, 1963. DECIDED NOVEMBER 7, 1963. 1. The intervention was subject to the demurrer that it fails to set forth grounds of unconstitutionality or ultra vires acts of the board preventing the acquisition of […]

480 S.E.2d 595 PHOEBE PUTNEY MEMORIAL HOSPITAL, INC. v. ROACH ET AL. PHOEBE PUTNEY MEMORIAL HOSPITAL, INC. v. CARDIOLOGY ASSOCIATES OF SAVANNAH, P.C. ET AL. STATE HEALTH PLANNING AGENCY ET AL. v. CARDIOLOGY ASSOCIATES OF SAVANNAH, P.C. S96A1487, S96A1512, S96A1513.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1997 — RECONSIDERATION DENIED MARCH 13, 1997. THOMPSON, Justice. […]

171 S.E.2d 135 BECKMAN v. BECKMAN. 25459.Supreme Court of Georgia.ARGUED OCTOBER 15, 1969. DECIDED NOVEMBER 6, 1969. 1. The allegations of the complaint stated a claim for relief for modification of the prior decree insofar as visitation was concerned. 2. The evidence was sufficient to authorize the judgment modifying such decree. ARGUED OCTOBER 15, 1969 […]

80 S.E.2d 159 MATHIS v. THE STATE. 18446.Supreme Court of Georgia.ARGUED JANUARY 12, 1954. DECIDED FEBRUARY 8, 1954. REHEARING DENIED FEBRUARY 24, 1954. DUCKWORTH, Chief Justice. 1. The only evidence relied on here to lay the foundation for testimony that the deceased was a person of violent, turbulent, and dangerous character was the testimony of […]

238 S.E.2d 892 LEWIS v. THE STATE. 32499.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1977. DECIDED SEPTEMBER 27, 1977. UNDERCOFLER, Presiding Justice. 1. Lewis was convicted of armed robbery and kidnapping with bodily injury, and a jury, considering as an aggravating circumstance that the kidnapping was committed while Lewis was engaged in an armed robbery, awarded […]

667 S.E.2d 236 AMERICAN HOME PRODUCTS CORPORATION et al. v. FERRARI et al. No. S07G1708.Supreme Court of Georgia. DECIDED OCTOBER 6, 2008. CARLEY, Justice. Appellees Marcelo and Carolyn Ferrari, individually and on behalf of their minor son, brought suit against several vaccine manufacturers, including Appellants, alleging that their son suffered neurological damage caused by vaccines […]

623 S.E.2d 491 YOUNG v. THE STATE. S05A1305.Supreme Court of Georgia. DECIDED DECEMBER 1, 2005. HINES, Justice. Timothy William Young appeals his convictions for malice murder, burglary, robbery, aggravated assault, and concealing the death of another, all in connection with the death of David Montgomery. For the reasons that follow, we affirm in part and […]

294 S.E.2d 511 LOFTIS v. JOHNSON et al. 38750.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1982. MARSHALL, Justice. On January 12, 1978, Helen S. Elliott was approximately 80 years of age, and she was also a patient in a psychiatric hospital. At that time, she executed a warranty deed conveying a one-half undivided interest in […]

204 S.E.2d 138 CHATHAM ASSOCIATION OF EDUCATORS, TEACHER UNIT, et al. v. BOARD OF PUBLIC EDUCATION FOR THE CITY OF SAVANNAH AND THE COUNTY OF CHATHAM. 28582.Supreme Court of Georgia.ARGUED JANUARY 15, 1974. DECIDED MARCH 7, 1974. MOBLEY, Chief Justice. This appeal is from the dismissal of a complaint for failure to state a claim. […]

184 S.E.2d 347 GUTHRIE v. THE STATE. 26663.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1971. DECIDED SEPTEMBER 27, 1971. NICHOLS, Justice. The appeal was docketed in this court on June 24, 1971. The enumeration of errors was filed on August 9, 1971. No providential cause for such late filing was shown and under decisions exemplified by […]

260 S.E.2d 23 JOHNSON v. THE STATE. 34955.Supreme Court of Georgia.ARGUED JUNE 11, 1979. DECIDED SEPTEMBER 7, 1979. REHEARING DENIED SEPTEMBER 25, 1979. BOWLES, Justice. Appellant, William Monroe Johnson, was indicted for the murder of Mike Wimpey. Following a jury trial, appellant was found guilty and sentenced to life imprisonment. Appellant’s motion for new trial […]

653 S.E.2d 708 LEWIS v. VAN ANDA. No. S07A1180.Supreme Court of Georgia. DECIDED NOVEMBER 21, 2007. RECONSIDERATION DENIED DECEMBER 13, 2007. HUNSTEIN, Presiding Justice. This appeal involves a dispute regarding the validity of an irrevocable inter vivos trust executed in April 2003 by Frankie Walker, now deceased. Walker’s husband, appellee Joe Van Anda, filed suit […]

285 S.E.2d 699 POWELL et al. v. THORSEN et al.; and vice versa. 37813, 37814.Supreme Court of Georgia. DECIDED JANUARY 6, 1982. JORDAN, Chief Justice. This is a multi-count suit against the co-executors of the wills of Lura A. Lester and James T. Lester. The trial court dismissed the amended complaint and dismissed the executors’ […]

275 S.E.2d 319 HARDY v. THE STATE. 35588.Supreme Court of Georgia. DECIDED MARCH 3, 1981. CLARKE, Justice. By order of the Supreme Court of the United States, this case, as to sentence only, has been vacated and remanded for further consideration by this court in light of Godfrey v. Georgia, 446 U.S. 420 (100 S.C. […]

25 S.E.2d 293 LOFTIN v. CARROLL COUNTY BOARD OF EDUCATION. 14510.Supreme Court of Georgia. APRIL 13, 1943. BELL, Presiding Justice. 1. Where a petition in a superior court to establish a copy of a deed claimed to have been lost alleged only that the debtor resided in the county in which the suit was filed, […]

485 S.E.2d 783 THOMAS v. THE STATE. S97A0722.Supreme Court of Georgia. DECIDED JUNE 9, 1997 — RECONSIDERATION DENIED JUNE 30, 1997. CARLEY, Justice. A jury found Reginald D. Thomas guilty of one count of malice murder and two counts of aggravated assault. The trial court entered judgments of conviction on the jury verdicts. For the […]

144 S.E.2d 726 CHATTERTON v. THE STATE. 23109.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1965. DECIDED OCTOBER 7, 1965. REHEARING DENIED OCTOBER 19, 1965. 1. Even though a conviction for crime, procured by perjured evidence and known to be such by the State’s prosecuting attorney, amounts to a denial of due process of law required by […]

372 S.E.2d 806 HENSON v. THE STATE. 46064.Supreme Court of Georgia. DECIDED OCTOBER 20, 1988. MARSHALL, Chief Justice. Russell Gene Henson appeals his conviction of the malice murder of Harry Haney, for which he was sentenced to life imprisonment.[1] We affirm. Henson was married to Ms. Marie Potter for six years. His “whole life was […]

587 S.E.2d 15 IN THE INTEREST OF L.J.P., a child. S03G0587.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2003. CARLEY, Justice. The Juvenile Court adjudicated L.J.P. delinquent by reason of his commission of attempted armed robbery and aggravated assault. At the delinquency hearing, Officer Duggan testified regarding what the victim told him during a pre-hearing identification […]

233 S.E.2d 347 BAKER v. THE STATE. 31834.Supreme Court of Georgia.SUBMITTED JANUARY 3, 1977. DECIDED FEBRUARY 9, 1977. REHEARING DENIED FEBRUARY 22, 1977. UNDERCOFLER, Presiding Justice. Clarence James Baker appeals from his conviction and life sentence for murder. He was tried jointly with two other co-defendants in a trial at which a fourth defendant was […]

208 S.E.2d 555 B J BONDING COMPANY et al. v. BELL et al. 28828.Supreme Court of Georgia.SUBMITTED MAY 13, 1974. DECIDED SEPTEMBER 3, 1974. 1. The appellants were estopped from contending that the bail bonds written by their bondsmen in their names were null and void because the bondsmen did not have written authority to […]

709 S.E.2d 768 JOHNSON v. THE STATE. No. S11A0390.Supreme Court of Georgia. DECIDED APRIL 18, 2011. CARLEY, Presiding Justice. A jury found David Rontell Johnson guilty of the malice murder of Andrew Howard. The trial court entered judgment of conviction Page 107 on the guilty verdict and sentenced Johnson to life imprisonment. A motion for […]

489 S.E.2d 840 FITZPATRICK v. THE STATE. S97A1147.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 1997 CARLEY, Justice. A jury found Roderick Fitzpatrick guilty of malice murder and aggravated assault. The trial court entered judgments of conviction on the jury’s verdicts and sentenced Fitzpatrick to life imprisonment for the murder and to a 20-year term for […]

111 S.E.2d 45 JOHNSON v. THE STATE. 20586.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1959. DECIDED OCTOBER 9, 1959. REHEARING DENIED NOVEMBER 4, 1959. CANDLER, Justice. Nathaniel Johnson, a negro, was indicted in Richmond County for the offense of raping a named white woman. He was convicted without any recommendation, and sentenced to be electrocuted. He […]

280 S.E.2d 626 HALEY v. HARDISON. 37601.Supreme Court of Georgia. DECIDED JUNE 30, 1981. UNDERCOFLER, Justice. The single issue presented is whether state and federal procedural due process bars the General Assembly from defining the term “conviction” for the purpose of civil, administrative revocation of motor vehicle driver’s licenses to include forfeitures of bail or […]

274 S.E.2d 314 SORRELLS et al. v. SORRELLS. 36634.Supreme Court of Georgia. DECIDED JANUARY 16, 1981. MARSHALL, Justice. The appellee, William A. Sorrells, filed an application in the Probate Court of Madison County to be appointed guardian for the person and property of his mother, Bertha C. Sorrells. The appellant, Walter C. Sorrells, who is […]

25 S.E.2d 686 EQUITABLE LIFE ASSURANCE SOCIETY v. GILLAM. 14476.Supreme Court of Georgia. APRIL 14, 1943. REHEARING DENIED MAY 8, 1943. 1. The clause, “This policy, except as to the provisions relating to disability and double indemnity, shall be (a) incontestable after it has been in force during the lifetime of the insurer for a […]

89 S.E.2d 511 LITTLE v. KING et al. 19080.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1955. DECIDED OCTOBER 10, 1955. DUCKWORTH, Chief Justice. The petition against a nonresident executrix and her resident bondsman, seeking in a court of equity to set aside a judgment of a court of ordinary discharging the executrix and setting up an […]

74 S.E.2d 5 SHELTON v. SHELTON. 18031.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1952. DECIDED JANUARY 12, 1953. DUCKWORTH, Chief Justice. The petitioner here seeks to obtain a divorce from the defendant under the Georgia divorce law on the ground of incurable insanity as set forth in Code (Ann. Supp.), § 30-102 (11) (Ga. L. 1951, […]

300 S.E.2d 803 STEPHENSON et al. v. BENTON. 39139.Supreme Court of Georgia. DECIDED MARCH 16, 1983. PER CURIAM. Benton brought this action for declaratory judgment, naming as defendants Stephenson, individually and as mayor of Commerce, Georgia, and two Commerce city councilmen, individually and in their official capacity. In his action Benton sought to determine whether, […]

440 S.E.2d 9 DEPARTMENT OF HUMAN RESOURCES ex rel. HOLLAND v. HOLLAND. S93A1349.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1994. RECONSIDERATION DENIED MARCH 2, 1994. BENHAM, Justice. The Georgia Department of Human Resources (DHR) brought this action against appellee in the name of appellee’s adult daughter to recover child support arrearages and to revive a […]

330 S.E.2d 95 TOOMBS COUNTY, GEORGIA v. O’NEAL. 42075.Supreme Court of Georgia. DECIDED MAY 29, 1985. GREGORY, Justice. On August 19, 1983, appellee fell in the lobby of the Toombs County Jail. She injured her leg in the fall and initially incurred approximately $9,000 in medical expenses. Thereafter, appellee brought this negligence action against appellant […]

117 S.E.2d 331 DODSON v. TRUST COMPANY OF GEORGIA, Trustee, et al. STENZEL et al. v. TRUST COMPANY OF GEORGIA, Trustee, et al. 21051, 21057.Supreme Court of Georgia.ARGUED OCTOBER 11, 1960. DECIDED NOVEMBER 10, 1960. REHEARING DENIED NOVEMBER 22, 1960. 1. William Cary Dodson by his will created a trust estate with a limitation over […]

541 S.E.2d 29 ODETT v. THE STATE. S00A1709.Supreme Court of Georgia. DECIDED: JANUARY 22, 2001 HINES, Justice. James Edward Odett was tried before a jury and convicted of one count of aggravated child molestation and one count of child molestation, for sexual acts performed on a thirteen year-old girl. Challenging the sufficiency of the evidence […]

259 S.E.2d 71 BOYD v. THE STATE. 34959.Supreme Court of Georgia.SUBMITTED JUNE 11, 1979. DECIDED SEPTEMBER 6, 1979. NICHOLS, Chief Justice. Jerry Lewis Boyd was indicted, together with David Lester Jones, Michael Brown, and Kenneth Sanford, for the murder of Lynn C. Sullivan. Michael Brown pled guilty and was sentenced to life imprisonment. The others […]

230 S.E.2d 303 COGGINS v. THE STATE. PRUITT v. THE STATE. 31291, 31301.Supreme Court of Georgia.SUBMITTED JUNE 25, 1976. SUBMITTED JULY 2, 1976. DECIDED NOVEMBER 3, 1976. GUNTER, Justice. Appellants Pruitt and Coggins were indicted for the offenses of armed robbery and kidnapping; they were tried together before the same jury; both were found guilty […]

149 S.E.2d 659 DOESCHNER et al. v. WILSON et al. 23486.Supreme Court of Georgia.ARGUED MAY 10, 1966. DECIDED JUNE 9, 1966. 1. Where appellants did not file pleadings of any kind in the trial court, the court did not err in overruling their contentions that certain previous court proceedings were conclusive here and acted as […]

229 S.E.2d 349 CCC BUILDERS, INC. v. CITY COUNCIL OF AUGUSTA et al. 31055.Supreme Court of Georgia.ARGUED MAY 10, 1976. DECIDED SEPTEMBER 7, 1976. REHEARING DENIED SEPTEMBER 28, 1976. HILL, Justice. CCC Builders, Inc., sought a writ of mandamus to enforce an arbitration clause in a contract between CCC Builders and the City Council of […]

18 S.E.2d 850 CONE v. THE STATE. 13931.Supreme Court of Georgia. JANUARY 22, 1942. REHEARING DENIED FEBRUARY 13, 1942. 1. None of the evidence tended to show justifiable homicide, and the failure of the court to charge the jury on that subject was not erroneous. 2. If the defendant admits the killing and in doing […]

350 S.E.2d 766 HAYGOOD et al. v. CITY OF DORAVILLE et al. 43383.Supreme Court of Georgia. DECIDED DECEMBER 17, 1986. RECONSIDERATION DENIED JANUARY 7, 1987. CLARKE, Presiding Justice. The facts in this case indicate that appellants have suffered a serious deprivation which is not counterbalanced by significant public benefit from the present zoning. The deprivation […]

189 S.E.2d 403 HALL v. STONE. 27001.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1972. DECIDED APRIL 20, 1972. REHEARING DENIED MAY 3, 1972. HAWES, Justice. This is a bail trover action commenced under the provisions of Code Ch. 107-2. The issue before this court is the constitutionality of Code §§ 107-201, 107-202, and 107-203. The defendant […]

288 S.E.2d 572 THOMAS et al. v. DAWSON. 38102.Supreme Court of Georgia. DECIDED JANUARY 7, 1982. JORDAN, Chief Justice. The testator bequeathed and devised all of his property to his wife “for and during her natural lifetime, with remainder at her death to my foster child, Clifford Dawson, in Fee Simple.” The testator’s wife predeceased […]