Category: Georgia Supreme Court Opinions

126 S.E.2d 766 DAVIS et al. v. HOWELL. 21681.Supreme Court of Georgia.ARGUED JUNE 11, 1962. DECIDED JUNE 25, 1962. REHEARING DENIED JULY 11, 1962. 1. There is no provision in law for setting aside a verdict except upon a motion for a new trial or a motion equivalent to a motion for a new trial, […]

563 S.E.2d 854 HEDQUIST v. HEDQUIST. S02A0355.Supreme Court of Georgia. DECIDED: MAY 13, 2002. FLETCHER, Chief Justice. At the pretrial conference in this divorce case, the trial court found the husband in criminal contempt for violating previous court orders and sentenced him to 50 days in jail. This Court granted the husband’s application for discretionary […]

440 S.E.2d 188 SMITH v. THE STATE. S93A1934.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1994. RECONSIDERATION DENIED MARCH 18, 1994. FLETCHER, Justice. Lucious Smith was convicted of felony murder and possession of a firearm during the commission of a felony in the shooting death of Willie Posey. Smith was sentenced to life imprisonment for the […]

230 S.E.2d 875 STORY v. AULT. 31644.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1976. DECIDED DECEMBER 1, 1976. INGRAM, Justice. Appellant, a prisoner at the State Prison in Reidsville, Georgia, sought a writ of mandamus in Fulton Superior Court to require the respondent to restore appellant’s statutory and earned good time (see Code Ann. § 77-320) […]

80 S.E.2d 283 ROBERSON v. ROBERSON. 18458.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1954. DECIDED FEBRUARY 9, 1954. ALMAND, Justice. In a divorce action by Mrs. Bernice Dixon Roberson against Julian M. Roberson, a final decree was entered upon the verdict, granting a divorce between the parties, awarding the four minor children of the marriage to […]

67 S.E.2d 760 MATHIS v. ROWLAND. 17676.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1951. DECIDED NOVEMBER 28, 1951. HAWKINS, Justice. 1. Public drunkenness, as defined by Code § 58-608, is not an offense of which the courts of ordinary of this State have jurisdiction under the provisions of article 6, section 6, paragraph 2 of the […]

262 S.E.2d 97 LARSEN et al. v. THE STATE. 35431.Supreme Court of Georgia.SUBMITTED SEPTEMBER 21, 1979. DECIDED NOVEMBER 26, 1979. NICHOLS, Chief Justice. The appellants were arrested on extradition warrants from the State of Virginia charging them with embezzlement. They filed a habeas corpus petition contending that they were not in the demanding state at […]

229 S.E.2d 421 THOMPSON v. THOMPSON. 31294.Supreme Court of Georgia.ARGUED SEPTEMBER 20, 1976. DECIDED SEPTEMBER 28, 1976. PER CURIAM. The trial court found the former husband in contempt of court for failure to pay alimony and child support. It was stipulated that the amount of the arrearage was $900. The evidence showed that the former […]

152 S.E.2d 386 BYRD v. BYRD. 23717.Supreme Court of Georgia.ARGUED OCTOBER 12, 1966. DECIDED NOVEMBER 10, 1966. The evidence before the court being in conflict on the material issues of fact, it cannot be said that the trial judge abused his discretion in granting a temporary injunction. ARGUED OCTOBER 12, 1966 — DECIDED NOVEMBER 10, […]

24 S.E.2d 652 MOODY, administrator, v. BAXLEY TURPENTINE CORPORATION et al. 14441.Supreme Court of Georgia. MARCH 10, 1943. The grantee in a deed from the heirs at law of John Quincey Adams Moody, who was in life at the death of the testator but who predeceased the testator’s daughter hereinafter mentioned, acquired title to the […]

103 S.E.2d 552 WILSON v. CHUMNEY. 19984.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1958. DECIDED APRIL 11, 1958. REHEARING DENIED MAY 7, 1958. DUCKWORTH, Chief Justice. 1. An order or judgment which merely declares the rights of the parties without an express command or prohibition is not one which may be the basis for a contempt […]

704 S.E.2d 802 MASON v. THE STATE. S10A1723Supreme Court of Georgia. DECIDED: JANUARY 24, 2010 HUNSTEIN, Chief Justice. Alfonso Mason was convicted of murder in the stabbing death of Cynthia Hyman and of kidnapping, armed robbery and hijacking a motor vehicle as to Bridgett McLemore. He appeals from the denial of his motion for new […]

138 S.E.2d 873 BALKCOM v. WILLIAMS. 22589.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1964. DECIDED OCTOBER 13, 1964. REHEARING DENIED NOVEMBER 5, 1964. PER CURIAM. Two indictments were returned against Charles P. Williams in Elbert County charging him with the offense Page 360 of burglary. One alleged that he burglarized the storehouse and place of business […]

180 S.E.2d 348 JOHNSTON et al. v. DUNCAN et al. 26260.Supreme Court of Georgia.ARGUED JANUARY 13, 1971. DECIDED FEBRUARY 15, 1971. UNDERCOFLER, Justice. This case involves the construction of a will. The appeal is from the trial court’s order granting certain motions for summary judgment and denying others as will appear in the opinion. Held: […]

563 S.E.2d 863 JONES v. SPERAU. S02A0418.Supreme Court of Georgia. DECIDED: MAY 28, 2002. BENHAM, Justice. Richard Haddock executed a will on January 25, 2000, leaving everything to his niece, appellee Ashley Sperau. On March 16, 2000, Haddock met appellant James Jones in an Internet chat room, and by April 18, 2000, Jones had moved […]

13 S.E.2d 659 WALTHOUR v. THE STATE. 13564.Supreme Court of Georgia. MARCH 11, 1941. 1. The brief of evidence controls as to what was the testimony of a named witness, in the event of a conflict with a ground of the motion for new trial. Accordingly when, as in the present case, such ground complains […]

700 S.E.2d 392 IN THE MATTER OF KAREN P. CLEAVER-BASCOMBE. No. S10Y1769.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 2010. PER CURIAM. This matter is before the Court on the Report and Recommendation of the Review Panel that the reciprocal discipline case against Respondent Karen R Cleaver-Bascombe (State Bar No. 129760) be dismissed without prejudice for […]

325 S.E.2d 767 HILL v. NEWMAN; and vice versa. 41686, 41687.Supreme Court of Georgia. DECIDED FEBRUARY 20, 1985. REHEARING DENIED MARCH 5, 1985. CLARKE, Justice. This is a descent and distribution case. The issues involve the rights of an illegitimate child to the estate of the father and to the estate of a cousin on […]

7 S.E.2d 268 JENKINS v. NATIONAL UNION FIRE INSURANCE CO. 13150.Supreme Court of Georgia. FEBRUARY 16, 1940. A policy of fire insurance in the principal sum of $3000, $2000 of which insures a building and $1000 insures the stock and fixtures located in said building, is, where there is a total destruction of the entire […]

678 S.E.2d 480 PINCKNEY v. THE STATE. NO. S09A0196.Supreme Court of Georgia. DECIDED JUNE 1, 2009. HUNSTEIN, Presiding Justice. Appellant Chase Pinckney was convicted of felony murder, attempted armed robbery, and possession of a firearm during the commission of a felony in connection with the shooting death of Scott Monty. He appeals from the denial […]

251 S.E.2d 246 BLUM v. BLUM. 34025.Supreme Court of Georgia.ARGUED SEPTEMBER 19, 1978. DECIDED NOVEMBER 22, 1978. REHEARING DENIED DECEMBER 19, 1978. MARSHALL, Justice. The appellant-former wife and the appellee-former husband were divorced by order of the Fulton Superior Court dated September 28, 1976. By consent order of the superior court dated April 4, 1977, […]

116 S.E.2d 552 SEVEN FIFTY, INC. v. HUNTER. 20998.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1960. DECIDED OCTOBER 6, 1960. REHEARING DENIED OCTOBER 18, 1960. CANDLER, Justice. 1. “Specific performance is not a remedy which either party can demand as a matter of absolute right, and will not in any given case be granted unless strictly […]

383 S.E.2d 123 TREND DEVELOPMENT CORPORATION v. DOUGLAS COUNTY et al. 46925.Supreme Court of Georgia. DECIDED SEPTEMBER 11, 1989. RECONSIDERATION DENIED SEPTEMBER 27, 1989. SMITH, Justice 1. The Court takes this opportunity to advise bench and bar that appeals in zoning cases will henceforth require an application. Where an appeal from a decision of a […]

15 S.E.2d 782 CITY OF ABBEVILLE v. RENFROE. 13744.Supreme Court of Georgia. JUNE 14, 1941. REHEARING DENIED JULY 9, 1941. General rule applied, that injunction will not issue to restrain repeated prosecutions under municipal ordinance limiting hours for opening place of business of selling wine, whether or not ordinance be valid. No. 13744. JUNE 14, […]

684 S.E.2d 623 TURNER et al. v. TRAMMEL et al. No. S09A1147.Supreme Court of Georgia. DECIDED OCTOBER 5, 2009. MELTON, Justice. On July 6, 2006, Thomas and Tracy Trammell (the “Trammells”) filed a quia timet action in Lamar County Superior Court, claiming ownership of a triangular tract of land in Lamar County. Royce and Ann […]

169 S.E.2d 334 GOODWIN et al. v. FIRST BAPTIST CHURCH OF AUGUSTA et al. 25220.Supreme Court of Georgia.ARGUED JUNE 11, 1969. DECIDED JULY 10, 1969. REHEARING DENIED JULY 24, 1969. 1. The trial court was authorized to deny equitable relief to the plaintiffs since it appeared form the evidence that they were guilty of laches. […]

159 S.E.2d 405 FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF STATESBORO v. DODD. 24325.Supreme Court of Georgia.ARGUED OCTOBER 9, 1967. DECIDED JANUARY 5, 1968. REHEARING DENIED JANUARY 18, 1968. UNDERCOFLER, Justice. Mrs. Mary Ruth L. Dodd, a security deed grantor, brought this action against First Federal Savings Loan Association of Statesboro, her grantee, claiming misapplication of […]

326 S.E.2d 470 SYNALLOY CORPORATION v. NEWTON et al. 41336.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1985. REHEARING DENIED MARCH 28, 1985. WELTNER, Justice. Former employees of Synalloy Corporation (formerly Augusta Chemical Company) filed suit in tort alleging, among other things, that Synalloy negligently exposed them to beta-napthylamine (BNA), a known carcinogen, and failed to […]

259 S.E.2d 47 JENKINS et al. v. JENKINS IRRIGATION, INC. et al. 34865.Supreme Court of Georgia.ARGUED MAY 15, 1979. DECIDED SEPTEMBER 5, 1979. HILL, Justice. This is a covenant not to compete case. It is not the usual employee restrictive covenant case, however. Prior to May 22, 1978, defendant-appellant Michael Jenkins and plaintiff-appellee Charles Davenport […]

205 S.E.2d 247 BRINKS v. THE STATE. 28640.Supreme Court of Georgia.SUBMITTED FEBRUARY 1, 1974. DECIDED MARCH 8, 1974. REHEARING DENIED MARCH 21, 1974. NICHOLS, Justice. William G. Brinks was indicted, tried and convicted for armed robbery and possession of narcotics. He was arrested less than an hour after the armed robbery in what was later […]

155 S.E.2d 815 SCHAEFFER et al. v. KING. 24075.Supreme Court of Georgia.ARGUED JUNE 13, 1967. DECIDED JULY 6, 1967. On the hearing for summary judgment, the evidence did not demand a finding that defendant Schaeffer did not have the right to discharge the plaintiff, and the determination of this issue is for the jury. The […]

122 S.E.2d 742 FIRST OF GEORGIA FIRE CASUALTY COMPANY et al. v. MADDOX. 21422.Supreme Court of Georgia.ARGUED OCTOBER 9, 1961. DECIDED NOVEMBER 9, 1961. QUILLIAN, Justice. This is an action in which the plaintiff sued three defendants whose concurrent negligence caused an automobile collision in which she was injured. The defendants plead accord and satisfaction, […]

43 S.E.2d 523 LOCAL UNION, DIVISION No. 1362, AMALGAMATED ASSOCIATION OF STREET, ELECTRIC RAILWAY AND MOTOR COACH EMPLOYEES OF AMERICA, et al. v. HOWARD BUS LINES INC. 15876.Supreme Court of Georgia. JULY 10, 1947. JENKINS, Chief Justice. The provision of Chapter 54-7 of the Code (Ann. Supp.), § 54-703, pertaining to strikes as a part […]

457 S.E.2d 809 FANNING v. FANNING. S95A0289.Supreme Court of Georgia. DECIDED MAY 15, 1995. RECONSIDERATION DENIED JUNE 30, 1995. BENHAM, Presiding Justice. The parties were married in November 1988 and appellant husband filed for divorce in August 1992. A jury trial on the issue of equitable division of property resulted in a written verdict that, […]

137 S.E.2d 298 HOLLAND v. SHACKELFORD. 22448.Supreme Court of Georgia.ARGUED APRIL 14, 1964. DECIDED JUNE 1, 1964. REHEARING DENIED JUNE 15, 1964. 1. Where a dividing line between coterminous owners is indefinite, unascertained, or disputed, the owners may by parol agreement duly executed establish the line, which line will control their deeds, notwithstanding the statute […]

229 S.E.2d 644 GURLEY v. THE STATE. 31605.Supreme Court of Georgia.SUBMITTED OCTOBER 8, 1976. DECIDED OCTOBER 26, 1976. NICHOLS, Chief Justice. Richard L. Gurley was indicted for the offense of armed robbery and rape. On January 13, 1975 he entered pleas of guilty to the offenses of robbery and aggravated assault in the Superior Court […]

620 S.E.2d 348 WOOD v. THE STATE. S05A0839.Supreme Court of Georgia. DECIDED SEPTEMBER 26, 2005. MELTON, Justice. After the death of 72-year-old Mary Ruth Green from severe neglect, Troy Wood, along with his girlfriend Rita Rene Dorlon, was indicted for malice murder, felony murder while committing cruelty to a person 65 years of age or […]

368 S.E.2d 756 CASH v. THE STATE. 45596.Supreme Court of Georgia. DECIDED JUNE 14, 1988. RECONSIDERATION DENIED JUNE 30, 1988 AND JULY 29, 1988. MARSHALL, Chief Justice. The appellant, William Cullen Cash, was convicted of burglary and murder. The victim was his wife, Rebecca Cash. The two of them were living in a bona fide […]

163 S.E.2d 610 BREAZEALE v. BREAZEALE. 24768.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1968. DECIDED SEPTEMBER 24, 1968. Consideration of the affidavit on the motion for summary judgment is not cause for reversal since the judgment was demanded. SUBMITTED SEPTEMBER 9, 1968 — DECIDED SEPTEMBER 24, 1968. Complaint for land. Clarke Superior Court. Before Judge Pittard […]

29 S.E.2d 498 LANKFORD v. HOLTON et al. 14803.Supreme Court of Georgia. MARCH 8, 1943. REHEARING DENIED MARCH 20, 1944. JENKINS, Presiding Justice. In one way or another this constitutes the tenth appearance in this court concerning this litigation. See Lankford v. Holton, 197 Ga. 212 (28 S.E.2d 747), in which all but Page 499 […]

426 S.E.2d 360 VAN ALSTINE v. THE STATE. S92A1092.Supreme Court of Georgia. DECIDED FEBRUARY 25, 1993. RECONSIDERATION DENIED MARCH 19, 1993. HUNSTEIN, Justice. James Earl Van Alstine’s conviction for felony murder was affirmed, Van Alstine v. State, 261 Ga. 819 (413 S.E.2d 735) (1992), but we remanded the case for a hearing on his claim […]

12 S.E.2d 633 TURNER, executor, et al. v. TURNER, et al. 13324.Supreme Court of Georgia. NOVEMBER 12, 1940. 1. When final judgment was rendered on August 7, 1939, and the losing party tendered bill of exceptions on October 6, 1939, and the judge gave it back to counsel to submit to opposing counsel; and on […]

55 S.E.2d 564 MURPHEY, Commissioner, v. BROCK et al. 16760.Supreme Court of Georgia. OCTOBER 10, 1949. ATKINSON, Presiding Justice. 1. The provisions of the Voters’ Registration Act (Ga. L. 1949, pp. 1204-1225), that the compensation of registrars and other necessary expenses shall be paid as other county bills are paid, from the county treasury, do […]

407 S.E.2d 746 IN THE MATTER OF NANCY B. STOUGH. SUPREME COURT DISCIPLINARY NO. 756.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1991. PER CURIAM. Respondent Nancy B. Stough was suspended from the practice of law in this state pending the final disposition of her appeal from federal convictions for felonies involving moral turpitude In the […]

243 S.E.2d 70 JOHNSON et al. v. DeKALB COUNTY et al. 33258.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1978. DECIDED MARCH 8, 1978. UNDERCOFLER, Presiding Justice. This is an equitable action seeking an injunction and to set aside the rezoning of a tract of land from R-100 (residential) to C-1 (commercial) by the DeKalb County Board […]

475 S.E.2d 619 BANKERS INSURANCE COMPANY v. TAYLOR et al. S96A1167.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1996. FLETCHER, Presiding Justice. In this declaratory judgment action, Bankers Insurance Company contends that O.C.G.A. § 33-34-3 (a) (2) is unconstitutional under the Commerce Clause of the United States Constitution. The trial court entered judgment against Bankers. Because […]

248 S.E.2d 623 AIRPORT BOOK STORE, INC. et al. v. JACKSON et al. 33792.Supreme Court of Georgia.ARGUED JULY 11, 1978. DECIDED SEPTEMBER 6, 1978. REHEARING DENIED SEPTEMBER 26, 1978. HILL, Justice. In January, 1977, the Atlanta City Council adopted and the Mayor approved an ordinance to require licensing of certain sex-related businesses. The ordinance uses […]

482 S.E.2d 253 KEENAN ET AL. v. PLOUFFE ET AL. S96A1349.Supreme Court of Georgia. DECIDED MARCH 3, 1997. RECONSIDERATION DENIED APRIL 4, 1997 SEARS, Justice. One of the many issues raised by this appeal is whether a state-employed physician who is alleged to have negligently performed surgery on a private-pay patient is immune from suit […]

269 S.E.2d 862 BROOKER et al. v. DRURY et al. 36167.Supreme Court of Georgia.SUBMITTED MAY 12, 1980. DECIDED JULY 1, 1980. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. SUBMITTED MAY 12, 1980 — DECIDED JULY 1, 1980. Injunction, etc.; title to land. Brantley Superior Court. Before Judge Hodges. Albert E. […]

80 S.E.2d 796 FRIED v. FRIED. 18498.Supreme Court of Georgia.ARGUED FEBRUARY 8, 9, 1954. DECIDED MARCH 9, 1954. The order of the trial court, setting aside entirely the provision of a prior order which awarded temporary alimony for the support of the former wife pending final determination of her suit for permanent alimony, was an […]

148 S.E.2d 661 CENTRAL of GEORGIA RAILWAY COMPANY v. CITY OF METTER et al.; and vice versa. 23392, 23393.Supreme Court of Georgia.ARGUED MARCH 15, 1966. DECIDED APRIL 7, 1966. REHEARING DENIED APRIL 19, 1966. DUCKWORTH, Chief Justice. This is an action to enjoin a continuing trespass upon a right of way of the Central of […]

196 S.E.2d 409 GEORGE v. CALDWELL. 27617.Supreme Court of Georgia. DECIDED JANUARY 5, 1973. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. DECIDED JANUARY 5, 1973. Habeas corpus. Tattnall Superior Court. Before Judge Caswell. Charles D. George, pro se. Arthur K. Bolton, Attorney General, Harold […]

673 S.E.2d 208 ALEXANDER v. THE STATE. No. S08A1586.Supreme Court of Georgia. DECIDED FEBRUARY 9, 2009. MELTON, Justice. Following a jury trial, John Alexander was found guilty of felony murder, aggravated assault, escape, and possession of a firearm during the commission of a felony.[1] In his sole enumeration on appeal, Alexander contends that the trial […]

171 S.E.2d 142 FLOYD v. SMITH, Warden. 25329.Supreme Court of Georgia.SUBMITTED JULY 15, 1969. DECIDED SEPTEMBER 29, 1969. REHEARING DENIED NOVEMBER 6, 1969. FELTON, Justice. “The legality of the present confinement is the question under review in a haveas corpus proceeding. See Harris v. Norris, 188 Ga. 610, 611 (4 S.E.2d 840); Dutton v. Knight, […]

252 S.E.2d 461 CARROLL v. HARRIS. 34266.Supreme Court of Georgia.SUBMITTED NOVEMBER 20, 1978. DECIDED JANUARY 24, 1979. JORDAN, Justice. This appeal is from the grant of an interlocutory injunction. Dr. William M. Harris brought a complaint against Dr. James M. Carroll alleging that Dr. Carroll had breached a covenant of an employment contract between the […]

626 S.E.2d 102 CHATMAN v. MANCILL. S05A1862.Supreme Court of Georgia. DECIDED JANUARY 30, 2006. RECONSIDERATION DENIED FEBRUARY 27, 2006. HUNSTEIN, Presiding Justice. Durwyn Mancill was granted habeas corpus relief after the habeas court found that Mancill’s due process rights were violated by the delay between his 1993 convictions and the 2001 affirmance of those convictions […]

9 S.E.2d 747 CARTER v. THE STATE. 13222.Supreme Court of Georgia. JUNE 21, 1940. ATKINSON, Presiding Justice. 1. Relatively to the first special ground of the motion for a new trial, the case is controlled adversely to the plaintiff in error by the decision in Yancy v. State, 173 Ga. 685 (5) (160 S.E. 867). […]

700 S.E.2d 538 IN THE MATTER OF FELICIA PRUDENCE ROWE (six cases). Nos. S10Y1735, S10Y1736, S10Y1737, S10Y1738, S10Y1739, S10Y1740.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 2010. PER CURIAM. These six matters are before the Court on the Report of the Special Master who recommends that the Court accept the petition for voluntary discipline filed by […]

135 S.E.2d 273 TORRANCE et al. v. THE STATE. TORRANCE v. THE STATE. CLARK v. THE STATE. HANKERSON v. THE STATE. PATTERSON et al. v. THE STATE. 22318, 22321, 22322, 22326, 22334.Supreme Court of Georgia.ARGUED JANUARY 14, 1964. DECIDED JANUARY 30, 1964. REHEARING DENIED FEBRUARY 11, 1964. QUILLIAN, Justice. The above cases are controlled by […]

81 S.E.2d 515 BECK GREGG HARDWARE CO. v. ASSOCIATED TRANSPORT, INC. 18555.Supreme Court of Georgia.ARGUED APRIL 14, 1954. DECIDED APRIL 14, 1954. CANDLER, Justice. This mandamus proceeding was brought in Fulton County by Beck Gregg Hardware Company, a private corporation, against Associated Transport, Inc., a common carrier which operates under a certificate of convenience and […]

9 S.E.2d 745 WHITE v. MURDEN. 13360.Supreme Court of Georgia. JUNE 21, 1940. An allowance of money in a decree for divorce and alimony, made purely for the use of the wife and payable in monthly instalments, ceases upon her remarriage. No. 13360. JUNE 21, 1940. Motion to vacate alimony judgment. Before Judge Moore. Fulton […]

579 S.E.2d 724 SHAHID v. THE STATE. S03A0668.Supreme Court of Georgia. Decided: April 29, 2003 THOMPSON, Justice. Maurice Ihrheam Shahid appeals from a judgment of conviction and sentence for felony murder and possession of a firearm during the commission of a felony, in connection with the shooting death of Jeffrey Wayne Wiggins.[1] On appeal Shahid […]

236 S.E.2d 360 PEPPERS v. THE STATE. 32237.Supreme Court of Georgia.SUBMITTED APRIL 22, 1977. DECIDED JUNE 8, 1977. UNDERCOFLER, Presiding Justice. Appellant was convicted of murder and sentenced to life imprisonment. He appeals. We affirm. The evidence shows appellant’s sister had been divorced from the victim. The sister was hospitalized and appellant was occupying her […]

642 S.E.2d 1 STINSKI v. THE STATE. No. S06A1455.Supreme Court of Georgia. DECIDED FEBRUARY 5, 2007. Reconsideration Denied March 27, 2007. HUNSTEIN, Presiding Justice. Darryl Scott Stinski has been indicted on two counts of malice murder, two counts of burglary, two counts of arson in the first degree, five counts of entering an automobile, one […]

288 S.E.2d 192 HARRELL v. THE STATE. 38070.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1982. HILL, Presiding Justice. Joseph L. Harrell was convicted by a jury of the murder of 15-year-old Catherine C. Crowe and sentenced to life imprisonment.[1] The evidence presented at the trial showed that Catherine was the defendant’s girl friend, but that […]

265 S.E.2d 779 MAXEY v. HOSPITAL AUTHORITY OF GWINNETT COUNTY. 35783.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1980. DECIDED FEBRUARY 27, 1980. REHEARING DENIED MARCH 18, 1980. PER CURIAM. Julia Maxey, a pedestrian, was struck by a car driven by William Todd Butler, and suffered multiple injuries resulting in the amputation of her left leg. She […]

96 S.E.2d 605 YOUNG v. KICKLITER et al. 19566.Supreme Court of Georgia.SUBMITTED JANUARY 16, 1957. DECIDED FEBRUARY 12, 1957. 1. The owner of an automobile who merely lends it to another for the purposes of the borrower is not liable for the negligence of the borrower in the operation of the automobile in the absence […]

438 S.E.2d 907 O S ADVERTISING COMPANY OF GEORGIA, INC. v. RUBIN et al. S93A1973.Supreme Court of Georgia. DECIDED JANUARY 31, 1994. CLARKE, Chief Justice. Appellant O S Advertising sought a building permit for a general outdoor advertising sign in the City of Atlanta. The sign was built before appellant applied for a variance from […]

14 S.E.2d 715 ASBURY, executrix, et al. v. McCALL. 13641.Supreme Court of Georgia. APRIL 18, 1941. REHEARING DENIED MAY 16, 1941. When in a land-registration case the examiner ruled that his preliminary report disclosing record title in the applicant was not admissible in evidence for the purpose of showing title, and, the original deeds not […]

122 S.E.2d 723 LEVENS v. EDGE. 21423.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1961. DECIDED NOVEMBER 9, 1961. Custody of the minor child involved in this habeas corpus proceeding being vested in the mother by prior judgment, and she not being made a party in this proceeding, the award to the father was erroneous. SUBMITTED OCTOBER […]

454 S.E.2d 526 AUSTIN v. THE STATE. S94A1624.Supreme Court of Georgia. DECIDED FEBRUARY 20, 1995. HUNSTEIN, Justice. Anthony Austin was convicted of the malice murder of Ramone Ziegler. He appeals and we affirm.[1] 1. Viewed to support the verdict, the evidence at trial established that appellant shot Ramone Ziegler twice, killing him. The evidence was […]

658 S.E.2d 603 MASON et al. v. THE HOME DEPOT U.S.A., INC. et al. No. S07A1486.Supreme Court of Georgia. DECIDED MARCH 10, 2008. BENHAM, Justice. Arvin Ritchey Mason and Claudia Mason (hereinafter, the Masons) sued The Home Depot U.S.A., Inc. and The Flecto Company, Inc. in 1997 for injuries Arvin Mason allegedly received in 1996 […]

514 S.E.2d 639 PRUITT v. THE STATE. S98P1962.Supreme Court of Georgia. DECIDED: MARCH 19, 1999. — RECONSIDERATION DENIED APRIL 1, 1999. SEARS, Justice. A jury convicted Timothy Woodrow Pruitt of malice murder, felony murder, kidnapping with bodily injury, rape, aggravated sodomy, aggravated child molestation, aggravated assault, aggravated battery, child molestation, and cruelty to children. Pruitt […]

194 S.E.2d 84 CITY OF LAWRENCEVILLE v. HUMPHRIES; and vice versa. 27468, 27488.Supreme Court of Georgia.ARGUED OCTOBER 10, 1972. DECIDED NOVEMBER 15, 1972. JORDAN, Justice. Humphries initiated a petition for mandamus against the City of Lawrenceville to compel the issuance of a use permit for a multi-story apartment complex under a zoning ordinance in effect […]

217 S.E.2d 280 BARNETT v. HOPPER. 29859.Supreme Court of Georgia.ARGUED MAY 12, 1975. DECIDED JULY 1, 1975. HALL, Justice. Tyrone F. Barnett, now serving a ten-year sentence for armed robbery in the Georgia State Prison at Reidsville, appeals from the denial (following an evidentiary hearing below) of his habeas corpus petition. Barnett, with the assistance […]

470 S.E.2d 879 SECRET DESIRES LINGERIE, INC. ET AL. v. CITY OF ATLANTA ET AL. GAMBILL v. CITY OF ATLANTA ET AL. S96A0667, S96A0668.Supreme Court of Georgia. DECIDED JUNE 3, 1996. THOMPSON, Justice. On October 4, 1993, the City of Atlanta enacted an ordinance to regulate lingerie modeling studios. Appellants challenged the constitutionality of the […]

656 S.E.2d 796 SUTTON v. SANDERS. No. S07A1321.Supreme Court of Georgia. DECIDED JANUARY 28, 2008. SEARS, Chief Justice. To avoid enhancement of a federal sentence in 2001, Larry Dennis Sutton filed a petition for writ of habeas corpus in the Fulton County Superior Court challenging his 1993 guilty plea to state drug charges. The habeas […]

319 S.E.2d 857 MINCEY et al. v. STAMPER. 41192.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1984. REHEARING DENIED SEPTEMBER 25, 1984. MARSHALL, Presiding Justice. On October 18, 1982, the plaintiffs-appellants filed in the Superior Court of Screven County a petition to remove a cloud from the title to real property in Screven County. By an […]

133 S.E.2d 858 CITIZENS JEWELRY COMPANY v. SAVELLE JEWELRY COMPANY OF ALBANY, INC. 22123.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1963. DECIDED NOVEMBER 7, 1963. The petition stated a cause of action and it was error to sustain the general demurrer. ARGUED SEPTEMBER 9, 1963 — DECIDED NOVEMBER 7, 1963. Injunction. Dougherty Superior Court. Before Judge […]

219 S.E.2d 144 MILLER v. DOUGLAS. 30222.Supreme Court of Georgia.ARGUED SEPTEMBER 3, 1975. DECIDED SEPTEMBER 17, 1975. NICHOLS, Chief Justice. This is an appeal from the denial of summary judgment. The appellant filed an equitable petition to set aside a divorce decree in which he was served by publication. The former wife is now deceased […]

202 S.E.2d 99 BENNETT v. THE STATE. 28037.Supreme Court of Georgia.SUBMITTED JUNE 22, 1973. DECIDED NOVEMBER 29, 1973. PER CURIAM. The appellant, Charles Bennett, was indicted jointly with Herbert Smith, James Lingerfelt and Marcus Ratledge for the murder of Deputy Sheriff William Cantrell, and for the murder of Officer Larry Mulkey. These two law enforcement […]

253 S.E.2d 761 KENNEDY v. KENNEDY. 34610.Supreme Court of Georgia.SUBMITTED FEBRUARY 23, 1979. DECIDED MARCH 7, 1979. PER CURIAM. This appeal is from the denial of a former husband’s motion to set aside a divorce decree. The motion alleged the parties had resumed cohabitation before the divorce was granted and he had been led to […]

50 S.E.2d 16 WELLBORN v. JOHNSON. 16366.Supreme Court of Georgia. OCTOBER 13, 1948. 1. The general demurrer was properly overruled. A general demurrer to a petition will not be sustained if the facts entitle the plaintiff to any of the substantial relief prayed. 2. It is not error to overrule special demurrers to allegations of […]

150 S.E.2d 624 DOMINGUE v. THE STATE. 23598.Supreme Court of Georgia.SUBMITTED JULY 12, 1966. DECIDED SEPTEMBER 8, 1966. DUCKWORTH, Chief Justice. The defendant was indicted, tried and convicted of the crime of rape and thereafter sentenced to five years imprisonment. The appeal is from the judgment and sentence with numerous specifications of error involving the […]

227 S.E.2d 345 STATE v. JOHNSON. 31100.Supreme Court of Georgia. DECIDED JULY 9, 1976. NICHOLS, Chief Justice. The judgment of the Court of Appeals in this case (137 Ga. App. 740 (224 S.E.2d 859)), is ordered vacated and the case is remanded to that court for reconsideration in accordance with the opinion of this court […]

227 S.E.2d 256 GARNER v. CHANDLER. 31223.Supreme Court of Georgia.ARGUED JUNE 15, 1976. DECIDED JULY 9, 1976. HILL, Justice. This appeal involves a land line dispute. Appellant contends that the trial court erred in overruling the motion for new trial on the general grounds and in charging the jury. After reviewing the evidence and the […]

400 S.E.2d 626 FARLEY v. THE STATE. S91A0247.Supreme Court of Georgia. DECIDED FEBRUARY 21, 1991. BELL, Justice. Brent Farley was convicted of the malice murder of Bernice Peek, and was sentenced to life imprisonment. He was also convicted of the aggravated assault of Larry Collins. Farley appeals, raising four enumerations of error.[1] In his first […]

209 S.E.2d 597 NIX v. THE STATE. 28873.Supreme Court of Georgia.SUBMITTED MAY 10, 1974. DECIDED OCTOBER 1, 1974. REHEARING DENIED OCTOBER 25, 1974. The question made by the appellant’s habeas corpus petition, in which he alleged that his felony conviction was void, are not moot even though he has completed the service of his sentence […]

261 S.E.2d 342 STYNCHCOMBE v. SMITH. 35267.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1979. DECIDED OCTOBER 16, 1979. REHEARING DENIED OCTOBER 30, 1979. JORDAN, Justice. This is an appeal from the judgment of the trial court granting appellee’s petition for habeas corpus in an extradition proceeding. The Governor of Arkansas presented his extradition Page 549 request […]

249 S.E.2d 76 WEST v. RUDD et al. 33818.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1978. DECIDED OCTOBER 18, 1978. BOWLES, Justice. This court granted certiorari to review the decision of the Court of Appeals in West v. Rudd, 145 Ga. App. 721 (244 S.E.2d 586) (1978). On September 15, 1971, John Rudd made application to […]

251 S.E.2d 563 JOHNSON v. THE STATE. 34076.Supreme Court of Georgia.ARGUED OCTOBER 10, 1978. DECIDED JANUARY 5, 1979. NICHOLS, Chief Justice. Johnson was tried and convicted for the murder of his estranged wife. He was sentenced to life imprisonment. He appeals. This court affirms. His sister-in-law testified that she was listening in on an extension […]

117 S.E.2d 528 SMITH, formerly SCOTT v. SCOTT. 21054.Supreme Court of Georgia.ARGUED OCTOBER 11, 1960. DECIDED NOVEMBER 10, 1960. REHEARING DENIED NOVEMBER 22, 1960. CANDLER, Justice. The parties to this litigation were formerly husband and wife. They were divorced in Cobb County on February 10, 1958, and custody of their minor child, Cynthia Scott, was […]

238 S.E.2d 331 HINES v. HINES. 32478.Supreme Court of Georgia.ARGUED JULY 11, 1977. DECIDED SEPTEMBER 6, 1977. MARSHALL, Justice. In the first appearance of this case, see Hines v. Hines, 237 Ga. 755 (229 S.E.2d 744) (1976), this court affirmed an order of the DeKalb Superior Court requiring the appellant former husband to pay his […]

529 S.E.2d 370 IN THE MATTER OF ERIC STANLEY OGREY S00Y0843.Supreme Court of Georgia. DECIDED: MAY 1, 2000. PER CURIAM. This disciplinary matter is before the Court on the Petition for Voluntary Surrender of License of Respondent Eric Stanley Ogrey, filed pursuant to Bar Rules 4-110 (f) and 4-227 (a), in which Ogrey admits violating […]

141 S.E.2d 400 HALL v. HALL. 22819.Supreme Court of Georgia.ARGUED FEBRUARY 8, 1965. DECIDED FEBRUARY 23, 1965. 1. Code § 38-1703 requires only that when sequestration is ordered, witnesses of the other party must testify out of the hearing of each other. Where, as here, the defendant’s witness who remained in the courtroom was called […]

238 S.E.2d 45 LYNN v. NABORS. 32363.Supreme Court of Georgia.ARGUED JUNE 13, 1977. DECIDED SEPTEMBER 7, 1977. UNDERCOFLER, Presiding Justice. This appeal arises out of a petition by the husband to modify a permanent child support judgment. The judgment was entered in 1975 upon a jury verdict in a divorce and alimony action. In this […]

312 S.E.2d 795 WYMAN et al. v. POPHAM et al. 40269.Supreme Court of Georgia. DECIDED MARCH 7, 1984. BELL, Justice. Appellee Popham made an application to rezone two lots located in a Douglas County residential subdivision from single family residential to general commercial classification. The Douglas Board of Commissioners unanimously voted to grant the application, […]