97 S.E.2d 569 JUSTICE v. THE STATE. 19647.Supreme Court of Georgia.SUBMITTED MARCH 12, 1957. DECIDED APRIL 8, 1957. WYATT, Presiding Justice. The defendant was tried and convicted of rape without a recommendation to mercy. He filed his motion for new trial on the general grounds and later amended his motion adding a number of special […]
Category: Georgia Supreme Court Opinions
WRIGHT v. STATE, 219 Ga. 125 (1963)
131 S.E.2d 851 WRIGHT et al. v. THE STATE. 21430.Supreme Court of Georgia. DECIDED JUNE 18, 1963. QUILLIAN, Justice. The judgment of this court (Wright v. State, 217 Ga. 453, 122 S.E.2d 737), affirming the City Court of Savannah’s conviction of the six defendants, having been reversed by the United States Supreme Court on certiorari […]
HICKS v. STATE, 279 Ga. 303 (2005)
612 S.E.2d 801 HICKS v. THE STATE. S05A0592.Supreme Court of Georgia. DECIDED MAY 9, 2005. SEARS, Presiding Justice. The appellant appeals from the trial court’s dismissal of his motion to withdraw his guilty plea to murder and armed robbery. Because the motion was not timely filed, the trial court did not err in dismissing it.[1] […]
McVAY v. ANDERSON, 221 Ga. 381 (1965)
144 S.E.2d 741 McVAY et al. v. ANDERSON et al. 23113.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1965. DECIDED SEPTEMBER 22, 1965. REHEARING DENIED OCTOBER 7, 1965. Where by a trust indenture executed in 1935 the estate is given to four named persons at the death of the life tenant with a provision that if any […]
SYKES v. STATE, 259 Ga. 86 (1989)
377 S.E.2d 155 SYKES v. THE STATE. 46560.Supreme Court of Georgia. DECIDED MARCH 15, 1989. SMITH, Justice. Appellant Jimmy Sykes was convicted of felony murder, armed Page 87 robbery, kidnapping, and possession of a weapon during the commission of a felony. He was sentenced to life imprisonment on the felony murder charge. The armed robbery […]
DEANS v. KINGSTON DEVELOPMENT CORPORATION, 248 Ga. 557 (1981)
285 S.E.2d 11 DEANS v. KINGSTON DEVELOPMENT CORPORATION et al. 38045.Supreme Court of Georgia. DECIDED NOVEMBER 25, 1981. JORDAN, Chief Justice. June Deans appeals from an order dismissing Kingston Development Corporation. The order left her action for fraud, breach of contract, and to set aside a judgment pending against the other defendant, Paul Shapiro. Kingston […]
CREECY v. STATE, 235 Ga. 542 (1975)
221 S.E.2d 17 CREECY et al. v. THE STATE. 30191.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1975. DECIDED NOVEMBER 6, 1975. HALL, Justice. The Creecy brothers appeal from their November 5, 1974, convictions of two counts of armed robbery and their concurrent ten-year sentences on each count. 1. The evidence supports the verdict and the trial […]
STAFFORD v. CITY OF HINESVILLE, 227 Ga. 309 (1971)
180 S.E.2d 544 STAFFORD et al. v. CITY OF HINESVILLE et al. 26281.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1971. DECIDED FEBRUARY 15, 1971. UNDERCOFLER, Justice. Robert P. Stafford, Reppard Parker, and Freeman Smith, as citizens, taxpayers and property owners of Liberty County, Georgia, for themselves and others similarly situated, filed a complaint against the City […]
RAMSBOTTOM CO. v. BASS/ZEBULON RDS. ASSN., 273 Ga. 798 (2001)
546 S.E.2d 778 RAMSBOTTOM CO. et al. v. BASS/ZEBULON ROADS NEIGHBORHOOD ASSN. et al. MACON-BIBB CO. PLANNING ZONING COMMISSION v. BASS/ZEBULON ROADS NEIGHBORHOOD ASSN. et al. S01A0108, S01A0111.Supreme Court of Georgia. DECIDED: MAY 7, 2001. HUNSTEIN, Justice. We granted the applications for discretionary appeal in this zoning case brought by Ramsbottom Company, Napier Avenue Church […]
KING v. RUTLEDGE, 208 Ga. 172 (1951)
65 S.E.2d 801 KING et al. v. RUTLEDGE et al. 17464.Supreme Court of Georgia.SUBMITTED MAY 14, 1951. DECIDED JUNE 11, 1951. REHEARING DENIED JULY 10, 1951. The petition in the instant case does not set out a cause of action against the defendants for any of the relief sought. No. 17464. SUBMITTED MAY 14, 1951 […]
HARRIS v. STATE, 214 Ga. 739 (1959)
107 S.E.2d 801 HARRIS v. THE STATE. 20313.Supreme Court of Georgia.ARGUED JANUARY 15, 1959. DECIDED FEBRUARY 6, 1959. REHEARING DENIED MARCH 6, 1959. 1. A correct charge on conspiracy is not rendered erroneous because, after instructing as to what the evidence must show to prove conspiracy, it stated that, if the jury found that the […]
WHITE v. FLETCHER/MAYO/ASSOCIATES, 251 Ga. 203 (1983)
303 S.E.2d 746 WHITE v. FLETCHER/MAYO/ASSOCIATES, INC. et al. 39248.Supreme Court of Georgia. DECIDED JUNE 24, 1983. REHEARING DENIED JULY 21, 1983. BELL, Justice. This is a suit by a former employee of an advertising company for a declaration that certain non-competition covenants he agreed to are unenforceable because they are against public policy. In […]
UNITY LIFE INSURANCE COMPANY v. HULSEY, 197 Ga. 18 (1943)
28 S.E.2d 259 UNITY LIFE INSURANCE COMPANY et al. v. HULSEY. 14663.Supreme Court of Georgia. NOVEMBER 10, 1943. REHEARING DENIED DECEMBER 2, 1943. JENKINS, Presiding Justice. A Georgia holder of endowment policies in a South Carolina life insurance company brought in the superior court a petition against that company and an Alabama life insurance company, […]
BAUERBAND v. JACKSON COUNTY, 278 Ga. 222 (2004)
598 S.E.2d 444 BAUERBAND et al. v. JACKSON COUNTY et al. S04A0226.Supreme Court of Georgia. DECIDED JUNE 7, 2004. RECONSIDERATION DENIED JULY 14, 2004. HINES, Justice. The Jackson County Board of Commissioners (“County”) plans to enter into a lease purchase agreement with the Association of County Commissioners of Georgia (“ACCG”) to finance and construct a […]
SCOTT v. STATE, 229 Ga. 541 (1972)
192 S.E.2d 367 SCOTT v. THE STATE. 27292.Supreme Court of Georgia.SUBMITTED JUNE 14, 1972. DECIDED OCTOBER 5, 1972. 1. Insofar as § 26-801 (b) (4) of the Criminal Code of Georgia renders one who does not directly participate in the commission of a crime a party thereto by reason that such party intentionally advised, encouraged, […]
JACKSON v. STATE, 256 Ga. 536 (1986)
350 S.E.2d 428 JACKSON v. THE STATE. 43497.Supreme Court of Georgia. DECIDED NOVEMBER 26, 1986. RECONSIDERATION DENIED DECEMBER 17, 1986. SMITH, Justice. The appellant, Tony Curtis Jackson, was indicted for the murder of his former wife, Teresa Lynn Jackson. A Sumter County Jury found him guilty, and he was sentenced to life imprisonment. We reverse.[1] […]
HARRIS v. HARRIS, 242 Ga. 201 (1978)
249 S.E.2d 536 HARRIS v. HARRIS. 33756.Supreme Court of Georgia.SUBMITTED JUNE 23, 1978. DECIDED SEPTEMBER 5, 1978. REHEARING DENIED SEPTEMBER 26, 1978. HALL, Justice. Mrs. Harris appeals the denial of her motion for new trial following a jury verdict in the divorce and alimony case brought by her former husband, Mr. Harris. She raises two […]
FISHER v. STATE, 273 Ga. 721 (2001)
545 S.E.2d 895 FISHER v. STATE S00G1581.Supreme Court of Georgia. DECIDED: APRIL 30, 2001 BENHAM, Chief Justice. On October 1, 1998, appellant Robert Fisher was charged with DUI and operating a motor vehicle without a license plate. On November 10, 1998, appellant demanded a speedy trial pursuant to OCGA § 17-7-170, which provides that a […]
WANSOR v. GEORGE HANTSCHO CO., 243 Ga. 91 (1979)
242 S.E.2d 623 WANSOR v. GEORGE HANTSCHO COMPANY, INC. et al. 34453.Supreme Court of Georgia.ARGUED JANUARY 16, 1979. DECIDED FEBRUARY 6, 1979. UNDERCOFLER, Presiding Justice. The following question has been certified to this court from the United States Court of Appeals, Fifth Circuit. Supreme Court of Georgia Rules, § XXIII, Federal Appellate Courts, Rule 42, […]
DUNCAN v. LAGUNAS, 253 Ga. 61 (1984)
316 S.E.2d 747 DUNCAN v. LAGUNAS. 40429.Supreme Court of Georgia. DECIDED JUNE 12, 1984. BELL, Justice. This case concerns whether the appellee, Lagunas, had the authority to accelerate the balance of a note executed by the appellant, Duncan, and then proceed to foreclose on the real property conveyed Page 62 in exchange for the note […]
MURRAY COUNTY v. PICKERING, 195 Ga. 182 (1942)
23 S.E.2d 436 MURRAY COUNTY v. PICKERING. 14318.Supreme Court of Georgia. DECEMBER 2, 1942. REHEARING DENIED DECEMBER 14, 1942. It appearing that the trial judge while a practicing attorney represented the defendant in settling a matter between him and the plaintiff county that was in controversy, and the instant suit by the county having Page […]
WILLIAMS v. STATE, 281 Ga. 196 (2006)
637 S.E.2d 25 WILLIAMS v. THE STATE. No. S06A1805.Supreme Court of Georgia. DECIDED OCTOBER 30, 2006. MELTON, Justice. In Williams v. State, 280 Ga. 297 (627 SE2d 32) (2006), this Court affirmed the conviction of Johnny Mack Williams for felony murder, aggravated assault, and possession of a knife during the commission of a felony. We […]
GUARANTEE c. LIFE INS. CO. v. NORRIS, 219 Ga. 573 (1964)
134 S.E.2d 774 GUARANTEE RESERVE LIFE INSURANCE COMPANY OF HAMMOND v. NORRIS. 22156.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1963. DECIDED JANUARY 10, 1964. REHEARING DENIED JANUARY 22, 1964. CANDLER, Justice. On February 23, 1962, Mrs. Marie J. Norris filed a suit in the Superior Court of Warren County against Guarantee Reserve Life Insurance Company of […]
SUGARLOAF CAF?, INC. v. WILLBANKS, 279 Ga. 255 (2005)
612 S.E.2d 279 SUGARLOAF CAFÉ, INC. v. WILLBANKS et al. S04G1315.Supreme Court of Georgia. DECIDED: APRIL 26, 2005. THOMPSON, Justice. We granted certiorari to the Court of Appeals in Willbanks v. Sugarloaf Café, 266 Ga. App. 426 (597 SE2d 410) (2004), and posed this question: Did the Court of Appeals err in determining that the […]
KESLER v. STATE, 235 Ga. 251 (1975)
219 S.E.2d 145 KESLER v. THE STATE. 30279.Supreme Court of Georgia.SUBMITTED SEPTEMBER 2, 1975. DECIDED SEPTEMBER 23, 1975. INGRAM, Justice. Appellant was convicted by a jury in Banks Superior Court of murdering Marvin D. Massey and received a sentence of life imprisonment. His appeal to this court rests upon several enumerations of error relating to […]
MID-STATE HOMES, INC. v. JOHNSON, 218 Ga. 397 (1962)
128 S.E.2d 197 MID-STATE HOMES, INC. v. JOHNSON et al. 21764.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1962. DECIDED OCTOBER 10, 1962. 1. The provision in the deed for reverter of the property in the event the grantee and her family moved away or vacated at any time as long as three months was not void […]
ROSS v. LOWERY, 249 Ga. 307 (1982)
290 S.E.2d 61 ROSS v. LOWERY et al. 38173.Supreme Court of Georgia. DECIDED APRIL 7, 1982. REHEARING DENIED APRIL 28, 1982. WELTNER, Justice. This is a land line dispute between owners of adjoining tracts. Geraldine Lowery and others (Lowery) brought this action against Claude R. Ross and another seeking to quiet title to certain land, […]
IN RE LUMPKIN, 251 Ga. 64 (1983)
302 S.E.2d 679 IN RE LUMPKIN. 39990. 33Supreme Court of Georgia. DECIDED MAY 24, 1983. PER CURIAM. The Board to Determine Fitness of Bar Applicants declined to certify the applicant as possessing that good character and moral fitness required to practice law in this state. Applicant appeals. The hearing officer made the following findings of […]
NEWMAN v. STATE, 239 Ga. 329 (1977)
236 S.E.2d 673 NEWMAN v. THE STATE. 32338.Supreme Court of Georgia.SUBMITTED MAY 27, 1977. DECIDED JUNE 30, 1977. INGRAM, Justice. This appeal is from appellant’s conviction at a second trial for armed robbery in Clayton Superior Court. At the first trial, the jury was unable to reach a verdict on the armed robbery charge. We […]
LANKFORD v. HOLTON, 204 Ga. 192 (1948)
48 S.E.2d 833 LANKFORD v. HOLTON et al. 16274.Supreme Court of Georgia. JULY 15, 1948. REHEARING DENIED JULY 28, 1948. Where a suit for land describes certain realty, alleges title thereto, and also claims rents for which judgment is prayed, and where in said petition the right to title and rents is predicated upon a […]
NORRIS v. OSBURN, 243 Ga. 483 (1979)
254 S.E.2d 860 NORRIS v. OSBURN et al. 34454.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1979. DECIDED APRIL 6, 1979. MARSHALL, Justice. This is a shareholder’s derivative action brought by Gary L. Norris as the owner of 10 shares of stock in Interstate Sign Service, Inc. Norris argues that Raymond C. Osburn, Sr., who is the […]
WALDREP v. GOODWIN, 227 Ga. 560 (1971)
181 S.E.2d 837 WALDREP v. GOODWIN et al. 26438.Supreme Court of Georgia.SUBMITTED APRIL 12, 1971. DECIDED MAY 6, 1971. UNDERCOFLER, Justice. The issue here is whether the trial court erred in directing a verdict to probate the will of Lemma Waldrep. Appellant, caveator in the trial court, is the husband of the testatrix. Propounder is […]
IN THE MATTER OF LEE, 275 Ga. 763 (2002)
571 S.E.2d 720 IN THE MATTER OF TERRY GLENN LEE. S02Z1336.Supreme Court of Georgia. Decided September 30, 2002 PER CURIAM. Terry Glenn Lee applied to the Board to Determine Fitness of Bar Applicants for certification of fitness to practice law. The Board tentatively determined that it would not certify Lee and he sought a formal […]
KINGDON v. FOSTER, 238 Ga. 37 (1976)
230 S.E.2d 855 KINGDON v. FOSTER. 31338.Supreme Court of Georgia.ARGUED JULY 14, 1976. DECIDED NOVEMBER 23, 1976. REHEARING DENIED DECEMBER 14, 1976. GUNTER, Justice. This appeal presents the issue of whether the Georgia courts must give full faith and credit to an Alabama divorce judgment that is collaterally attacked, by a person not a party […]
LOCKHART v. LOCKHART, 211 Ga. 482 (1955)
86 S.E.2d 297 LOCKHART v. LOCKHART. 18796.Supreme Court of Georgia.ARGUED JANUARY 10, 1955. DECIDED FEBRUARY 14, 1955. REHEARING DENIED MARCH 16, 1955. HAWKINS, Justice. 1. Where, as here, a divorce and alimony proceeding, brought by the plaintiff as the alleged wife of the defendant, was heard by the trial judge without the intervention of a […]
JOHNSON v. JOHNSON, 260 Ga. 443 (1990)
396 S.E.2d 234 JOHNSON v. JOHNSON. S90A1037.Supreme Court of Georgia. DECIDED OCTOBER 4, 1990. SMITH, Presiding Justice. The appellee, Otto Y. Johnson, brought a complaint for modification of alimony on November 25, 1980. The appellant, Helen Ricks Johnson, filed her answer and sought attorney fees in connection with the defense of the action. A jury […]
TARPLEY v. CARR, 204 Ga. 721 (1949)
51 S.E.2d 638 TARPLEY et al. v. CARR, Mayor, et al. 16462.Supreme Court of Georgia. FEBRUARY 14, 1949. 1. Where an office exists under the law, all that is required to make an officer de facto is that the individual claiming the office is in possession of it, performing its duties and claiming to be […]
EL DIABLO, INC. v. CONWAY, 247 Ga. 159 (1981)
274 S.E.2d 557 EL DIABLO, INC. v. CONWAY et al. 36942.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1981. SMITH, Justice. Appellant brought an action for specific performance of an alleged lease agreement. The trial court granted a temporary restraining order which prevented the subject property from being leased to any third parties pending a ruling […]
CONTRIS v. RICHMOND COUNTY, 238 Ga. 731 (1977)
235 S.E.2d 19 CONTRIS v. RICHMOND COUNTY et al. 32125.Supreme Court of Georgia.ARGUED MARCH 22, 1977. DECIDED APRIL 20, 1977. REHEARING DENIED MAY 11, 1977. PER CURIAM. In this case the appellant filed an application with the Richmond County Board of Zoning Appeals to obtain a variance on his property “so that [the] property might […]
GORDY v. DUNWODY, 210 Ga. 810 (1954)
83 S.E.2d 7 GORDY v. DUNWODY et al. 18618.Supreme Court of Georgia.ARGUED JUNE 15, 1954. DECIDED JULY 13, 1954. REHEARING DENIED JULY 27, 1954. 1. The rules of procedure and practice recommended by the Supreme Court pursuant to Georgia law (Ga. L. 1945, p. 145), and enacted by the legislature (Ga. L. 1946, p. 726), […]
SHEPPARD v. SHEPPARD, 208 Ga. 422 (1951)
67 S.E.2d 131 SHEPPARD v. SHEPPARD et al. 17588.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1951. DECIDED OCTOBER 10, 1951. HAWKINS, Justice. 1. Strict technical pleadings are not required in a habeas corpus proceeding between rival contestants for the custody of minor children. Where a writ has been issued and in response thereto the children have […]
WHITE v. STATE, 255 Ga. 210 (1985)
336 S.E.2d 777 WHITE v. THE STATE. 42090.Supreme Court of Georgia. DECIDED NOVEMBER 27, 1985. SMITH, Justice. The appellant, Mildred Ioane White, and her son James Edward “Bo” Flynn were indicted for the murder and armed robbery of Hiram Nathan Wilson. A Cobb County jury found them guilty and they each received two life sentences. […]
CARSTARPHEN v. DAYTON, 222 Ga. 138 (1966)
149 S.E.2d 103 CARSTARPHEN v. DAYTON. 23423.Supreme Court of Georgia.SUBMITTED APRIL 11, 1966. DECIDED MAY 5, 1966. It was error to dismiss the petition in the nature of habeas corpus which sought custody of minor children. SUBMITTED APRIL 11, 1966 — DECIDED MAY 5, 1966. Habeas corpus. Dougherty Superior Court. Before Judge Sabados. Burt Burt, […]
IN THE MATTER OF HILTON WALLACE McDONALD, 264 Ga. 518 (1994)
448 S.E.2d 453 IN THE MATTER OF HILTON WALLACE McDONALD. No. S94Y1247.Supreme Court of Georgia. DECIDED OCTOBER 3, 1994. PER CURIAM. After conducting an investigation into eight separate client grievances, the Investigative Panel of the State Disciplinary Board found probable cause that Hilton Wallace McDonald violated Standards 3 (engaging in illegal professional conduct involving moral […]
HICKS v. STATE, 216 Ga. 574 (1961)
118 S.E.2d 364 HICKS v. THE STATE. 21111.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1961. DECIDED FEBRUARY 9, 1961. 1. Where the only objection to evidence urged before the trial judge is that it is “immaterial”, this court will not reverse his judgment in overruling such objection. 2. There was no evidence in the present case […]
WHATLEY v. STATE, 266 Ga. 568 (1996)
468 S.E.2d 751 WHATLEY v. THE STATE S96A0180Supreme Court of Georgia. DECIDED APRIL 15, 1996 THOMPSON, Justice. Rodney Whatley was convicted of malice murder and aggravated assault.[1] Although the State sought the death penalty, the jury fixed Page 569 punishment at life imprisonment. Whatley appeals, asserting, inter alia, the trial court erred in allowing evidence […]
DUNN v. SANDERS, 243 Ga. 684 (1979)
256 S.E.2d 366 DUNN et al. v. SANDERS et al. 34810.Supreme Court of Georgia.ARGUED MAY 14, 1979. DECIDED MAY 30, 1979. MARSHALL, Justice. Plaintiff Judy Dunn is the widow, and plaintiff Mary Helen Dunn Marshall is the daughter of Ted Dunn, who died in 1966. His will was executed in 1958, and it was probated […]
ZIRKLE v. STATE, 235 Ga. 289 (1975)
219 S.E.2d 389 ZIRKLE v. THE STATE. 30141.Supreme Court of Georgia.SUBMITTED JULY 14, 1975. DECIDED SEPTEMBER 12, 1975. REHEARING DENIED SEPTEMBER 30, 1975. UNDERCOFLER, Presiding Justice. Carolyn Dale Zirkle was convicted of murder and armed robbery. She was sentenced to life imprisonment on the murder conviction and sentenced to 20 years on the armed robbery […]
KILLEARN PARTNERS v. SOUTHEAST PROPERTIES, 279 Ga. 144 (2005)
611 S.E.2d 26 KILLEARN PARTNERS, INC. et al. v. SOUTHEAST PROPERTIES, INC. S04G1320.Supreme Court of Georgia. DECIDED MARCH 28, 2005. SEARS, Presiding Justice. Certiorari was granted to consider the Court of Appeals’ ruling that the Brokerage Relationships in Real Estate Transactions Act (“BRRETA” or “the Act”),[1] as amended in 2000, does not prevent a real […]
GRANT v. HART, 197 Ga. 662 (1944)
30 S.E.2d 271 GRANT v. HART et al. 14779.Supreme Court of Georgia. APRIL 7, 1944. REHEARING DENIED MAY 5, 1944. 1. Where, under the Code, § 37-1104, the jury is required to return a special verdict, and specific questions submitted require a finding as to whether or not the defendant was guilty of fraud as […]
INTERNATIONAL INDEMNITY COMPANY v. LEWIS, 249 Ga. 405 (1982)
291 S.E.2d 534 INTERNATIONAL INDEMNITY COMPANY v. LEWIS et al. 38524.Supreme Court of Georgia. DECIDED MAY 19, 1982. MARSHALL, Justice. This is a suit by the appellant, International Indemnity Company, for reformation of an automobile insurance policy providing basic third-party liability insurance and personal injury protection, i.e., no-fault, benefits. The superior court reasoned that under […]
LIDDELL v. JOHNSON, 213 Ga. 752 (1958)
101 S.E.2d 755 LIDDELL et al. v. JOHNSON et al. 19912.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1957. DECIDED JANUARY 10, 1958. 1. Where, on the trial of an equitable petition for the partition of real estate, accounting, settlement of accounts between tenants in common, for settlement of an estate, and the appointment of a receiver, […]
CLARKE v. STATE, 239 Ga. 42 (1977)
235 S.E.2d 524 CLARKE v. THE STATE. 32205.Supreme Court of Georgia.SUBMITTED APRIL 8, 1977. DECIDED MAY 13, 1977. NICHOLS, Chief Justice. The appellant, James David Clarke, was indicted in Clarke County for rape and aggravated assault. In charging and accusing the defendant with the offense of aggravated assault, the grand jury specifically alleged that the […]
GAY v. GAY, 226 Ga. 90 (1970)
172 S.E.2d 690 GAY v. GAY, Guardian. 25543.Supreme Court of Georgia.ARGUED DECEMBER 8, 1969. DECIDED FEBRUARY 5, 1970. The questions certified by the Court of Appeals are answered in the negative. ARGUED DECEMBER 8, 1969 — DECIDED FEBRUARY 5, 1970. Certified questions from the Court of Appeals of Georgia. Shi Raley, Trammell F. Shi, for […]
WHITE v. STATE, 257 Ga. 236 (1987)
356 S.E.2d 875 WHITE v. THE STATE. 44224.Supreme Court of Georgia. DECIDED JUNE 19, 1987. RECONSIDERATION DENIED JULY 8, 1987. GREGORY, Justice. Glen McCord was indicted on June 11, 1984 for the murder of Douglas Little. He was found guilty of voluntary manslaughter in a jury verdict rendered August 14, 1984. The appellant, Sandra White, […]
EPPS v. STATE, 216 Ga. 606 (1961)
118 S.E.2d 574 EPPS v. THE STATE. ALFORD v. THE STATE. JOHNSON v. THE STATE. 21096, 21097, 21098.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1961. DECIDED FEBRUARY 9, 1961. REHEARING DENIED FEBRUARY 23, 1961. For the reasons set forth hereinafter in this opinion, the trial court did not err in denying the amended motion for new […]
WEIS v. THE STATE, 287 Ga. 46 (2010)
694 S.E.2d 350 WEIS v. THE STATE. No. S09A1951.Supreme Court of Georgia. DECIDED MARCH 25, 2010. RECONSIDERATION DENIED APRIL 9, 2010. MELTON, Justice. In this death penalty case, Jamie Ryan Weis appeals from the denial of his motion for discharge and acquittal based on an alleged violation of his constitutional rights to counsel and a […]
STEPHENS v. STATE, 261 Ga. 356 (1991)
405 S.E.2d 470 STEPHENS v. THE STATE. S91A0532.Supreme Court of Georgia. DECIDED JUNE 21, 1991. FLETCHER, Justice. On the evening of August 11, 1988, Linda Butler was visiting in the trailer where Betty Stephens lived. Stephens became angry with Butler and the two scuffled briefly. Stephens then went into another room of the trailer, returned […]
BUICE v. T. B. BUILDERS, INC., 219 Ga. 259 (1963)
132 S.E.2d 784 BUICE v. T. B. BUILDERS, INC. et al. BUICE v. BOTHWELL et al. 22099, 22100.Supreme Court of Georgia.ARGUED JULY 8, 1963. DECIDED SEPTEMBER 18, 1963. REHEARING DENIED SEPTEMBER 18, 1963. The petitions seeking to set aside the judgment involved here upon the ground of fraud were subject to the general demurrers lodged […]
KELLOGG v. ZANT, 260 Ga. 182 (1990)
390 S.E.2d 839 KELLOGG v. ZANT. S90H0839.Supreme Court of Georgia. DECIDED MAY 2, 1990. RECONSIDERATIONS DENIED MAY 16, 1990 AND MAY 23, 1990. HUNT, Justice. In 1987, Larry Grant Lonchar was convicted of three murders and sentenced to death in DeKalb County. His conviction and sentence were affirmed on appeal to this court. Lonchar v. […]
STATE v. JARAMILLO, 279 Ga. 691 (2005)
620 S.E.2d 798 THE STATE v. JARAMILLO. S05A1188.Supreme Court of Georgia. DECIDED OCTOBER 3, 2005. BENHAM, Justice. In this appeal from an order granting habeas corpus relief to Filiberto Jaramillo, the State raises a single procedural issue, arguing the habeas corpus court should have dismissed the petition for failure to serve the district attorney pursuant […]
HARDEN v. HARDEN, 243 Ga. 285 (1979)
253 S.E.2d 769 HARDEN v. HARDEN. 34321.Supreme Court of Georgia.SUBMITTED DECEMBER 8, 1978. DECIDED MARCH 15, 1979. PER CURIAM. The former wife appeals from a judgment entered in favor of the former husband in her contempt action for nonpayment of child support. The agreement incorporated into the final judgment and decree of divorce provides in […]
COLEMAN v. THE STATE, 215 Ga. 865 (1960)
114 S.E.2d 2 COLEMAN v. THE STATE. 20836.Supreme Court of Georgia.ARGUED MARCH 15, 1960. DECIDED APRIL 12, 1960. MOBLEY, Justice. Pete Coleman was jointly indicted with Marion Buford Hooks in Washington Superior Court for rape, alleged to have been committed upon Mildred Dawson on August 4, 1959. To the indictment, the defendant Coleman filed general […]
FORTSON v. FORTSON, 197 Ga. 699 (1944)
30 S.E.2d 165 FORTSON v. FORTSON. 14841.Supreme Court of Georgia. MAY 8, 1944. A decree of divorce in a case in which the custody of minor children is involved, awarding the children to one of the contesting parents, is binding and conclusive between the parties, unless a change of circumstances affecting the welfare of the […]
BREEDEN v. BREEDEN, 202 Ga. 740 (1947)
44 S.E.2d 667 BREEDEN et al. v. BREEDEN. 15950.Supreme Court of Georgia. OCTOBER 16, 1947. DUCKWORTH, Presiding Justice. 1. “An injunction will not be granted to restrain an official in the exercise of his judicial functions; the writ lies only against suitors in the proceedings before him.” Hood v. Hood, 132 Ga. 778 (2) (64 […]
TEASLEY v. JONES, 215 Ga. 135 (1959)
109 S.E.2d 514 TEASLEY et al. v. JONES. 20467.Supreme Court of Georgia.SUBMITTED MAY 11, 1959. DECIDED JUNE 5, 1959. HAWKINS, Justice. J. Henry Jones brought his petition in Elbert Superior Court against C. E. Teasley, Sr., and Mrs. Leonia Melbourne Brown, alleging that W. O. Jones died testate in January, 1931; that, at the time […]
FAULKNER v. GA. POWER CO., 243 Ga. 649 (1979)
256 S.E.2d 339 FAULKNER et al. v. GEORGIA POWER COMPANY. 34655.Supreme Court of Georgia.ARGUED MARCH 13, 1979. DECIDED MAY 8, 1979. REHEARING DENIED MAY 29, 1979. MARSHALL, Justice. This is the second appearance of this case in this court. Se Faulkner v. Ga. Power Co., 241 Ga. 618 (247 S.E.2d 80) (1978). The appellants, residents […]
BYRD v. RIGGS, 213 Ga. 593 (1957)
100 S.E.2d 453 BYRD et al. v. RIGGS, Administratrix. 19853.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1957. DECIDED OCTOBER 15, 1957. 1. The allowance of the amendment, alleging that the deed from Mrs. Boyd to Mrs. LeRoy Byrd and Richard Byrd was a forgery, over objection of the defendants that it alleged a new and distinct […]
JACKSON v. STATE, 237 Ga. 663 (1976)
229 S.E.2d 345 JACKSON v. THE STATE. 31507.Supreme Court of Georgia.SUBMITTED SEPTEMBER 3, 1976. DECIDED SEPTEMBER 29, 1976. INGRAM, Justice. Alonzo Jackson appeals his conviction in the Superior Court of Dougherty County of four counts of armed robbery. He was given concurrent sentences of 10 years imprisonment on each count. Appellant argues that the evidence […]
GREENE v. STATE, 260 Ga. 472 (1990)
396 S.E.2d 901 GREENE v. THE STATE. S90A1306.Supreme Court of Georgia. DECIDED OCTOBER 19, 1990. SMITH, Presiding Justice. The appellant, Frederick Gerard Greene, was convicted of the malice murder of Jessie Lee Stevens.[1] Mr. Greene was sentenced to life imprisonment and now appeals on the grounds that the State used its peremptory strikes to systematically […]
JONES v. STATE, 284 Ga. 320 (2008)
667 S.E.2d 49 JONES v. THE STATE. No. S08A0975.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2008. CARLEY, Justice. In January of 2003, Ernesto Guitierrez was fatally shot during an armed robbery in Fulton County. A week later, Kevin Jones was arrested in connection with an armed robbery committed in DeKalb County and, in his post-arrest […]
ROLLINS PROTECTIVE SVCS. CO. v. PALERMO, 249 Ga. 138 (1982)
287 S.E.2d 546 ROLLINS PROTECTIVE SERVICES COMPANY v. PALERMO; and vice versa. 38174, 38252.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1982. REHEARING DENIED MARCH 10, 1982. GREGORY, Justice. This case involves the construction of restrictive covenants in an employment contract. Palermo was employed by Rollins Protective Services Company (Rollins) in February, 1981 as a “manager […]
TIMMONS v. STATE, 223 Ga. 450 (1967)
156 S.E.2d 68 TIMMONS v. THE STATE. 24107.Supreme Court of Georgia.SUBMITTED JUNE 12, 1967. DECIDED JUNE 22, 1967. REHEARING DENIED JULY 6, 1967. ALMAND, Presiding Justice. Under an indictment charging him with the unlawful killing of William Dozier by cutting, stabbing and wounding, the appellant Robert Timmons was found guilty of the offense of murder […]
HARGETT v. STATE, 285 Ga. 82 (2009)
674 S.E.2d 261 HARGETT v. THE STATE; COX v. THE STATE; ARMSTRONG v. THE STATE. Nos. S08A1589, S08A1590, S08A1591.Supreme Court of Georgia. DECIDED JANUARY 26, 2009. RECONSIDERATION DENIED MARCH 9, 2009. HUNSTEIN, Presiding Justice. Benjamin Hargett, his brother Angelo Armstrong and their cousin Michael Cox were convicted of murder in the shooting death of Tavares […]
RALSTON PURINA CO. v. ACREY, 220 Ga. 788 (1965)
142 S.E.2d 66 RALSTON PURINA COMPANY, INC. v. ACREY. 22880.Supreme Court of Georgia.ARGUED MARCH 8, 1965. DECIDED APRIL 8, 1965. 1. (a) Where the petition alleges that the defendant commenced the operations which are sought to be enjoined almost a year and a half after the adoption of a zoning ordinance, the mere possibility that […]
TONY v. POLLARD, 248 Ga. 86 (1981)
282 S.E.2d 640 TONY et al. v. POLLARD. 37625.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1981. HILL, Presiding Justice. This case involves the validity of a will. Testatrix was survived by two brothers and five sisters. Contestants (caveators) are the children of a brother of testatrix who predeceased her. Contestants challenge the validity of the […]
BARNES v. AUSTIN, 231 Ga. 29 (1973)
199 S.E.2d 906 BARNES et al. v. AUSTIN et al. 28061.Supreme Court of Georgia.ARGUED JULY 10, 1973. DECIDED SEPTEMBER 6, 1973. Where the owners of property have a valid conditional use permit to operate a commercial kennel, in a zoning district in which such use is permitted on proper showing that specified conditions Page 30 […]
FLINN v. FLYNN, 210 Ga. 280 (1954)
79 S.E.2d 534 FLINN v. FLYNN. 18411.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1953. DECIDED JANUARY 11, 1954. For want of an essential and indispensable party, this equitable proceeding was properly dismissed on demurrer. SUBMITTED NOVEMBER 10, 1953 — DECIDED JANUARY 11, 1954. Equitable petition. Before Judge Anderson. Columbia Superior Court. September 15, 1953. William L. […]
PEAGLER v. GEORGETOWN ASSOCIATES, 232 Ga. 848 (1974)
209 S.E.2d 186 PEAGLER et al. v. GEORGETOWN ASSOCIATES et al. 29077.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1974. DECIDED SEPTEMBER 24, 1974. REHEARING DENIED OCTOBER 1, 1974. JORDAN, Justice. This is an appeal by the Board of Tax Assessors of Chatham County from an order of Chatham Superior Court granting the appellees (taxpayers) a hearing […]
WIGGINS v. STATE, 280 Ga. 627 (2006)
632 S.E.2d 80 WIGGINS v. THE STATE. S06A0772.Supreme Court of Georgia. DECIDED JUNE 12, 2006. CARLEY, Justice. A jury found Kourtnay Wiggins guilty of malice murder of Truvoy Washington, and the trial court sentenced him to life imprisonment for that crime. Wiggins’ motion for new trial was denied, and he appeals from the judgment of […]
STATE v. KELLY, S11A0734 (Ga. 11-7-2011)
THE STATE v. KELLY. S11A0734Supreme Court of Georgia. DECIDED: NOVEMBER 7, 2011 HUNSTEIN, Chief Justice. We granted the State’s interlocutory appeal, in which it challenges the grant of a new trial to appellee Lonnie Kelly as the result of the finding of a fatal omission in the jury charge, to address (1) the circumstances under […]
JUE v. JOE, alias JONES, 207 Ga. 119 (1950)
60 S.E.2d 442 JUE, administrator, et al. v. JOE, alias JONES. 17140.Supreme Court of Georgia. JULY 11, 1950. 1. The plaintiff’s petition as amended, which seeks to set aside the orders of the court of ordinary appointing the defendant Jue as temporary and permanent administrator of the estate of J. K. Joe on account of […]
FELDER v. OLDHAM, 199 Ga. 820 (1945)
35 S.E.2d 497 FELDER, administrator, et al. v. OLDHAM, et vice versa. 15256, 15257.Supreme Court of Georgia. OCTOBER 5, 1945. 1. Count one of the petition fails to set out an act of God, an act of the seller, or an unforeseen casualty or misfortune, which would authorize an extension of time for the removal […]
KING v. BENNETT, 215 Ga. 345 (1959)
110 S.E.2d 772 KING v. BENNETT. 20563.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1959. DECIDED OCTOBER 9, 1959. 1. Where there has been a multiple execution of a will, the destruction of one of the executed copies by the testatrix with intention to revoke the will would have the effect of revoking all of the copies, […]
NORTHERN ASSURANCE CO. v. ALMAND, 210 Ga. 243 (1953)
78 S.E.2d 783 NORTHERN ASSURANCE COMPANY, LTD. v. ALMAND, Administrator. 18369.Supreme Court of Georgia.ARGUED OCTOBER 14, 1953. DECIDED NOVEMBER 9, 1953. REHEARING DENIED NOVEMBER 25, 1953. A judgment sustaining a general demurrer to a petition, on the ground that the petition sets out no cause of action for the relief sought, is a decision upon […]
WALDROP v. BETTIS, 223 Ga. 715 (1967)
157 S.E.2d 870 WALDROP et al. v. BETTIS et al. 24300.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1967. DECIDED OCTOBER 20, 1967. 1. The counts of the petition added by amendment were not subject to general demurrer on the ground that they attempted to plead separate and independent causes of action from that in the original […]
MAYOR c. OF RICHMOND HILL v. GILL, 226 Ga. 573 (1970)
176 S.E.2d 58 MAYOR c. OF RICHMOND HILL v. GILL. 25877.Supreme Court of Georgia.SUBMITTED JUNE 9, 1970. DECIDED JULY 9, 1970. The ordinance which the City of Richmond Hill is seeking to enforce by injunction is not a zoning ordinance, and the requirements of the municipal zoning laws pertaining to the publication of notice of […]
HOOPER v. STATE, 284 Ga. 824 (2009)
672 S.E.2d 638 HOOPER v. THE STATE. No. S08A1654.Supreme Court of Georgia. DECIDED JANUARY 26, 2009. MELTON, Justice. Following a jury trial, Kevin Lamar Hooper was found guilty of malice murder, felony murder, voluntary manslaughter, two counts of aggravated assault, and possession of a knife during the commission of a crime.[1] On appeal, Hooper contends […]
MAY v. HADDEN, 211 Ga. 84 (1954)
84 S.E.2d 65 MAY, Administratrix v. HADDEN, Ordinary. 18742.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1954. DECIDED OCTOBER 11, 1954. WYATT, Presiding Justice. Mrs. Minnie Peebles May during her lifetime made application to the Ordinary of Glascock County for a second year’s support out of the estate of her deceased husband. The ordinary appointed appraisers and […]
RAY v. CARTHEN, 275 Ga. 459 (2002)
569 S.E.2d 542 RAY et al. v. CARTHEN. S02A1029.Supreme Court of Georgia. Decided September 16, 2002 THOMPSON, Justice. In April 1997, appellee Donald B. Carthen was convicted of robbery by intimidation and was sentenced to serve ten years in prison. In September 1998, appellant State Board of Pardons and Paroles (“the Board”) served Carthen with […]
GIDDINGS v. STARKS, 240 Ga. 496 (1978)
241 S.E.2d 208 GIDDINGS et al. v. STARKS et al. 32613.Supreme Court of Georgia.SUBMITTED NOVEMBER 4, 1977. DECIDED JANUARY 3, 1978. REHEARING DENIED JANUARY 18, 1978. PER CURIAM. This appeal arises out of a case involving title to land. After losing at trial, appellants filed an extraordinary motion with this court seeking a trial transcript […]
BARNES v. STATE, 269 Ga. 345 (1998)
496 S.E.2d 674 BARNES v. THE STATE S97P2069.Supreme Court of Georgia. DECIDED MARCH 2, 1998 — RECONSIDERATION DENIED APRIL 2, 1998. SEARS, Justice. Joseph Martin Barnes was convicted of malice murder, felony murder, and armed robbery.[1] The jury recommended a death sentence for the murder, finding as a statutory aggravating circumstance that the murder was […]
WADE v. WADE, 195 Ga. 748 (1943)
25 S.E.2d 683 WADE v. WADE. 14440.Supreme Court of Georgia. APRIL 15, 1943. JENKINS, Justice. 1. “Divorce cases shall be brought in the county where the defendant resides, if a resident of this State; if the defendant be not a resident of this State, then in the county in which the plaintiff resides.” Code, §§ […]
HILL v. STATE, 263 Ga. 37 (1993)
427 S.E.2d 770 HILL v. THE STATE. S92P1336.Supreme Court of Georgia. DECIDED MARCH 15, 1993. RECONSIDERATION DENIED MARCH 30, 1993. SEARS-COLLINS, Justice. Warren Lee Hill was convicted of murder by a jury in Lee County and sentenced to death. He appeals. We affirm.[1] Hill and the victim were both serving time at the Lee Correctional […]
BROUGHTON v. GRIFFIN, 244 Ga. 365 (1979)
260 S.E.2d 75 BROUGHTON v. GRIFFIN. 35219.Supreme Court of Georgia.SUBMITTED AUGUST 30, 1979. DECIDED SEPTEMBER 26, 1979. JORDAN, Justice. This is an appeal from an order denying the appellant’s petition for a writ of habeas corpus in an extradition proceeding. North Carolina sought to extradite the appellant in April 1978. At a habeas corpus hearing […]
HILLYER v. PEARSON, 118 Ga. 815 (1903)
45 S.E. 701 HILLYER, cashler v. PEARSON, administratrix. Supreme Court of Georgia. DECIDED OCTOBER 30, 1903. Motion to set aside judgment. Before Judge Hodges. City court of Macon. April 4, 1903. Hardeman, Davis, Turner Jones, for plaintiff in error. Dessau, Harris Harris, contra. Suit on a joint and several promissory note was brought against Lucas, […]
KING v. KING, 225 Ga. 142 (1969)
166 S.E.2d 347 KING v. KING, Executor, et al. 24997.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1969. DECIDED FEBRUARY 20, 1969. FRANKUM, Justice. 1. “An administrator or executor is a trustee invested with a solemn trust to manage the estate under his control to the best advantage of those interested in it; Page 143 and if […]
FIDELCOR MORTGAGE COMPANY OF GEORGIA, INC. v. TYROFF, 250 Ga. 900 (1983)
302 S.E.2d 96 FIDELCOR MORTGAGE COMPANY OF GEORGIA, INC. v. TYROFF et al. 39521.Supreme Court of Georgia. DECIDED MAY 3, 1983. REHEARING DENIED MAY 24, 1983. CLARKE, Justice. Appellees Trio (a corporation) and Tyroff (an individual) issued a promissory note to Fidelcor as part of a loan agreement of December 24, 1980. The interest payable […]
STATE BD. OF ED. v. DRURY, 263 Ga. 429 (1993)
437 S.E.2d 290 STATE BOARD OF EDUCATION et al. v. DRURY et al.; and vice versa. STATE BOARD OF EDUCATION et al. v. JONES; and vice versa. S93A1226, S93X1227, S93A1228, S93X1230.Supreme Court of Georgia. DECIDED OCTOBER 12, 1993. RECONSIDERATION DENIED NOVEMBER 19, 1993. CARLEY, Justice. Acting pursuant to OCGA § 20-2-240 (a), appellant-defendant State Board […]
WEST v. HOUSING AUTHORITY OF CITY OF ATLANTA, 211 Ga. 133 (1954)
84 S.E.2d 30 WEST et al. v. HOUSING AUTHORITY OF CITY OF ATLANTA; and vice versa. 18662, 18666.Supreme Court of Georgia.ARGUED JULY 13, 1954. DECIDED SEPTEMBER 14, 1954. REHEARING DENIED OCTOBER 14, 1954. 1. In an action by property owners for a declaratory judgment and injunctive relief against the defendant from proceeding with the construction […]