Category: Georgia Supreme Court Opinions

407 S.E.2d 404 IN THE MATTER OF J. DUNHAM McALLISTER. SUPREME COURT DISCIPLINARY NOS. 728, 729, 731, 732, 733, 742, 743, 744.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1991. PER CURIAM. These disciplinaries stem from a default judgment entered against the respondent, J. Dunham McAllister, by the special master. The Review Panel of the State […]

63 S.E.2d 365 MYRTLE LODGE NO. 1663 et al. v. QUATTLEBAUM. 17337.Supreme Court of Georgia. FEBRUARY 13, 1951. WYATT, Justice. Myrtle Lodge No. 1663, Armenia Lodge No. 1930, and Mount Sier Lodge No. 2441 sued out against Sam Quattlebaum a dispossessory warrant, seeking to recover the possession of described realty. Quattlebaum filed his counter-affidavit, alleging […]

227 S.E.2d 43 HARDIN v. HOPPER. 31061.Supreme Court of Georgia.ARGUED MAY 10, 1976. DECIDED JUNE 24, 1976. PER CURIAM. Gary Hardin was convicted in the Superior Court of Bartow County for four offenses of receiving stolen property and was sentenced by the jury to four years imprisonment on each indictment, such sentences to be served […]

177 S.E.2d 681 NANCE v. THE STATE. 26052.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1970. DECIDED OCTOBER 8, 1970. UNDERCOFLER, Justice. On March 18, 1968, the appellant was indicted in the United States District Court for the Western District of North Carolina for the offenses of conspiracy to transport stolen property across state lines and transporting […]

99 S.E.2d 118 MOSLEY v. LANIER, SOLICITOR-GENERAL. 19724.Supreme Court of Georgia.SUBMITTED MAY 15, 1957. DECIDED JUNE 10, 1957. REHEARING DENIED JULY 3, 1957. HAWKINS, Justice. The Solicitor-General of Toombs Superior Court filed a petition against M. D. Mosley, seeking to enjoin, as an alleged public nuisance, the operation of a place of business, licensed by […]

202 S.E.2d 458 PERRY v. CALDWELL. 28129.Supreme Court of Georgia. DECIDED OCTOBER 4, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices […]

48 S.E.2d 107 EHRLICH v. MILLS et al. 16167.Supreme Court of Georgia. MAY 13, 1948. BELL, Justice. The plaintiff sued for injunction to restrain the defendants from trespassing upon a described tract of land claimed by the plaintiff. The answer of the defendants and the evidence introduced by both sides on the trial showed that […]

240 S.E.2d 56 WATSON v. STYNCHCOMBE. 32929.Supreme Court of Georgia.SUBMITTED OCTOBER 28, 1977. DECIDED NOVEMBER 8, 1977. UNDERCOFLER, Presiding Justice. Earl Gene Watson contested his extradition to Florida by habeas corpus petition claiming that the documents supporting the request from Florida were incomplete. Code Ann. § 44-404. The habeas court found that the documents were […]

267 S.E.2d 229 HOLMES v. BLOUNT. 36130.Supreme Court of Georgia.SUBMITTED APRIL 11, 1980. DECIDED MAY 7, 1980. UNDERCOFLER, Chief Justice. W. Clayton Blount filed a petition for processioning of land, Code Ann. Ch. 85-16, which was returned by the Page 758 processioners on January 23, 1979. Raymond Holmes is an adjacent landowner, who did not […]

463 S.E.2d 686 STUBBS v. THE STATE. S95G0660.Supreme Court of Georgia. DECIDED NOVEMBER 20, 1995. THOMPSON, Justice. We granted certiorari to the Court of Appeals in Stubbs v. State, 215 Ga. App. 873 (452 S.E.2d 571) (1994), to re-examine this issue: When is a trial court required to give a jury charge on circumstantial evidence […]

210 S.E.2d 680 ALLEN v. THE STATE. MACK v. THE STATE. 29046, 29047.Supreme Court of Georgia.SUBMITTED JULY 26, 1974. ARGUED OCTOBER 17, 1974. DECIDED OCTOBER 29, 1974. REHEARING DENIED NOVEMBER 18, 1974. NICHOLS, Presiding Justice. Jimmie Lee Allen and Charles Mack were indicted and convicted on a multiple count indictment of rape and kidnapping. The […]

686 S.E.2d 249 DAVIS v. THE STATE. No. S09A1260.Supreme Court of Georgia. DECIDED NOVEMBER 2, 2009. HUNSTEIN, Chief Justice. Appellant Desmond Davis was convicted of malice murder, two counts of felony murder, aggravated assault, armed robbery and two firearm possession charges in connection with the shooting death of Jameson Bush. Finding no error in the […]

219 S.E.2d 732 VOWELL et al. v. CARMICHAEL et al. (two cases.). 30183, 30184.Supreme Court of Georgia.SUBMITTED JULY 25, 1975. DECIDED OCTOBER 21, 1975. HILL, Justice. These two appeals involve attacks on orders and a judgment issued by a superior court sitting as a court of equity. Zelma Fay C. Vowell and others appeal from […]

102 S.E.2d 35 WILSON et al. v. VAUGHAN et al. 19903.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1957. DECIDED JANUARY 10, 1958. REHEARING DENIED FEBRUARY 7, 1958. HAWKINS, Justice. The petition as amended alleged substantially that at the time of the death of the plaintiffs’ father he was the owner of a described tract of land, […]

218 S.E.2d 826 WIGGINS v. HOPPER. 30117.Supreme Court of Georgia.SUBMITTED JULY 8, 1975. DECIDED SEPTEMBER 11, 1975. NICHOLS, Chief Justice. The appeal in this case is from a judgment remanding Charles H. Wiggins to the custody of the warden of the Georgia State Prison on the hearing of a petition for writ of habeas corpus. […]

620 S.E.2d 389 IN THE MATTER OF JAMES R. VOGEL (four cases). S05Y1082, S05Y1083, S05Y1084, S05Y1085.Supreme Court of Georgia. DECIDED OCTOBER 3, 2005. PER CURIAM. These disciplinary matters are before the Court pursuant to four Notices of Discipline filed by the State Bar alleging that Vogel, who was admitted to the State Bar of Georgia […]

138 S.E.2d 318 SMITH v. CANNINGTON. 22650.Supreme Court of Georgia.SUBMITTED SEPTEMBER 16, 1964. DECIDED SEPTEMBER 28, 1964. HEAD, Presiding Justice. 1. “[I]t is the duty of this court, with or without motion of a party, to consider the question of its jurisdiction…” Brockett v. Maxwell, 200 Ga. 213 (36 S.E.2d 638); Cheek v. White, 204 […]

49 S.E.2d 895 STEVENS et al. v. STEVENS. 16377.Supreme Court of Georgia. OCTOBER 11, 1948. ATKINSON, Presiding Justice. 1. “Implied trusts are such as are inferred by law from the nature of the transaction or the conduct of the parties.” Code, § 108-104. A trust is implied when the legal title is in one person, […]

250 S.E.2d 455 HOOD v. HOOD. 34210.Supreme Court of Georgia.SUBMITTED NOVEMBER 3, 1978. DECIDED NOVEMBER 21, 1978. JORDAN, Justice. This appeal arises from an order granting a divorce to the parties in this action and awarding permanent custody of the couple’s two minor children to the former husband. Page 582 Appellant-wife’s first enumeration of error […]

218 S.E.2d 621 TURNER et al. v. HARPER. 30186.Supreme Court of Georgia.SUBMITTED JULY 25, 1975. DECIDED SEPTEMBER 2, 1975. NICHOLS, Chief Justice. The appellants seek a review of the denial of their second motion to set aside a summary judgment granting specific performance for the sale of real property. This is the third appearance of […]

653 S.E.2d 680 RADIOSHACK CORPORATION v. CASCADE CROSSING II, LLC. No. S07Q0957.Supreme Court of Georgia. DECIDED OCTOBER 29, 2007. RECONSIDERATION DENIED DECEMBER 14, 2007. CARLEY, Justice. Pursuant to a written commercial lease agreement executed in 1995, RadioShack Corporation leases space at a shopping mall owned by Cascade Crossing II, LLC. That agreement contains an exclusivity […]

299 S.E.2d 549 JONES v. THE STATE. 39376.Supreme Court of Georgia. DECIDED JANUARY 25, 1983. MARSHALL, Presiding Justice. Gerald Jones appeals from his convictions of felony murder and criminal attempt to commit armed robbery. For these offenses, he was sentenced to life imprisonment and 10 years’ imprisonment, consecutively. 1. In enumerated error 1, the appellant […]

539 S.E.2d 807 LUCAS v. LUCAS. S00A0936.Supreme Court of Georgia. DECIDED: NOVEMBER 30, 2000. HINES, Justice. We granted the application for discretionary appeal in this divorce case to determine whether the professional concerns expressed in Green v. Green, 263 Ga. 551 (437 S.E.2d 457) (1993), require that notice of trial be given to a defendant […]

410 S.E.2d 89 POTTS v. THE STATE. S91P0670.Supreme Court of Georgia. DECIDED NOVEMBER 6, 1991. RECONSIDERATION DENIED DECEMBER 4, 1991. BELL, Justice. This is a death penalty case. Jack Howard Potts, whose death sentence for the murder of Michael Priest in Forsyth County was affirmed in Potts v. State, 259 Ga. 96 (376 S.E.2d 851) […]

311 S.E.2d 834 CAMP v. COLUMBUS, GEORGIA (two cases). 40572, 40573.Supreme Court of Georgia. DECIDED FEBRUARY 10, 1984. MARSHALL, Presiding Justice. The City of Columbus, Georgia, filed this complaint for declaratory judgment and other relief against Wilson M. Camp, d/b/a Columbus Sanitary Landfill. Page 121 The complaint contains, among other things, the following allegations: The […]

200 S.E.2d 767 DERDEN v. FORD. 27919.Supreme Court of Georgia.ARGUED MAY 15, 1973. DECIDED OCTOBER 4, 1973. GUNTER, Justice. The appellant brought an action below for specific performance of a contract for the sale of land or, in the alternative, for damages because of the breach of the contract. The trial judge directed a verdict […]

426 S.E.2d 364 BENTLEY v. THE STATE. S92A1408.Supreme Court of Georgia. DECIDED FEBRUARY 25, 1993. FLETCHER, Justice. Joshua Lee Bentley was convicted of the murder of Samuel S. Dawson and of possession of a firearm during the commission of a felony.[1] Bentley was sentenced to life imprisonment for the murder and to a consecutive five-year […]

589 S.E.2d 116 CANOESIDE PROPERTIES, INC. v. LIVSEY. FERDINAND v. LIVSEY. S03A0966, S03A1155.Supreme Court of Georgia. DECIDED NOVEMBER 26, 2003. BENHAM, Justice. This appeal is from an order denying summary judgment to the defendants in an action seeking to set aside a deed executed pursuant to a judicial tax foreclosure. The events leading to this […]

463 S.E.2d 347 BEAM v. THE STATE. S95A0633.Supreme Court of Georgia. DECIDED NOVEMBER 13, 1995. HINES, Justice. Steven Beam was convicted of the malice murder of an Atlanta taxicab driver, Oruada Opkani, and sentenced to life imprisonment.[1] Through the testimony of a female companion in the victim’s taxicab with Beam, the State presented evidence that […]

475 S.E.2d 613 SMITH v. THE STATE. S96A0829.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1996. SEARS, Justice. The appellant, Wilbur Smith, was convicted of the malice murder of his live-in girlfriend, Charlie Mae Daniels, and sentenced to life in prison.[1] He appeals, contending that the evidence is insufficient to support the conviction; that the trial […]

261 S.E.2d 643 BERCHENKO v. FULTON FEDERAL SAVINGS LOAN ASSOCIATION OF ATLANTA, INC. 35041.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1979. DECIDED NOVEMBER 21, 1979. UNDERCOFLER, Presiding Justice. Berchenko, claiming to be a referral agent entitled to a “finders fee” from Fulton Federal under an oral Page 734 agreement to bring forward a purchaser for a […]

404 S.E.2d 554 BAXLEY VENEER CLETE COMPANY et al. v. MADDOX. S91G0522.Supreme Court of Georgia. DECIDED JUNE 7, 1991. CLARKE, Chief Justice. This case involves an oral contract of employment for longer than one year. Such contracts are not enforceable unless “there has been such part performance of the contract as would render it a […]

194 S.E.2d 441 WRIGHT v. CALDWELL. 27485.Supreme Court of Georgia.SUBMITTED OCTOBER 10, 1972. DECIDED DECEMBER 4, 1972. JORDAN, Justice. This is an appeal from the order of the habeas corpus judge remanding the petitioner to the custody of the respondent warden. The record discloses that at the time of the hearing he was being held […]

149 S.E.2d 685 HARDEE v. HARDEE. 23516.Supreme Court of Georgia.SUBMITTED JUNE 14, 1966. DECIDED JUNE 23, 1966. MOBLEY, Justice. This appeal is from an order of the Superior Court of Chatham County overruling defendant’s general demurrer to an amended petition seeking temporary and permanent alimony and attorneys fees. Petitioner alleged that defendant, her husband, deserted […]

353 S.E.2d 814 IN THE MATTER OF FRED F. FILSOOF. SUPREME COURT DISCIPLINARY NO. 540.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1987. PER CURIAM. Respondent pleaded guilty to two counts of a mail fraud indictment involving overpayment of medical benefits from an insurance company. He agreed to surrender his license to practice law voluntarily on […]

163 S.E.2d 745 MADARIS v. MADARIS. 24725.Supreme Court of Georgia.SUBMITTED JULY 8, 1968. DECIDED SEPTEMBER 24, 1968. 1. The trial court did not err in excluding testimony that was irrelevant and outside the pleadings. 2. The evidence did not demand a finding that there had been a change of conditions detrimental to the welfare of […]

619 S.E.2d 632 IN THE MATTER OF CHRISTOPHER GEORGE LAZAROU. S05Y1722.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 2005. PER CURIAM. This disciplinary matter is before the Court pursuant to two Reports and Recommendations of a special master who was appointed following the filing of two separate Formal Complaints by the State Bar. The Formal Complaints […]

45 S.E.2d 423 HIGDON et al. v. DIXON. 15953.Supreme Court of Georgia. OCTOBER 17, 1947. ADHERED TO ON REHEARING NOVEMBER 14, 1947. 1. A pleading which alleges a cause of action for any of the relief prayed should not be dismissed on general demurrer. 2. No error is shown in the amended grounds of the […]

51 S.E.2d 666 DARDEN v. McCORD et al. 16511.Supreme Court of Georgia. FEBRUARY 14, 1949. ATKINSON, Presiding Justice. 1. Whether a brief of evidence is a proper brief is a question to be determined primarily by the trial judge; and when the judge refuses to approve a brief of evidence, upon the ground that certain […]

327 S.E.2d 730 HANSON v. FIRST STATE BANK TRUST; and vice versa. 41629, 41630.Supreme Court of Georgia. DECIDED APRIL 2, 1985. CLARKE, Justice. This is a dispute between a trustee bank and beneficiaries under a trust. Although it began as a suit for declaratory judgment by the trustee, it evolved into an action by the […]

653 S.E.2d 50 TUTTLE v. RYAN et al. No. S07A0835.Supreme Court of Georgia. DECIDED NOVEMBER 5, 2007. HUNSTEIN, Presiding Justice. When Porter Morrison Ryan (“Ryan”) died in December 2003, she was survived by her daughter, appellant Mary Frances Tuttle, and two grandchildren, appellees Anthony V. Ryan III and Dawn Galloway, the children of her son […]

700 S.E.2d 407 BROWN v. THE STATE, WATERS v. THE STATE. Nos. S10A1332, S10A1333.Supreme Court of Georgia. DECIDED OCTOBER 4, 2010. THOMPSON, Justice. In July 2006, Andre Copeland was shot to death and Corey Coachman was paralyzed as a result of gunfire during an alleged armed robbery. Appellants Derrick Lashon Brown and Frederick Waters were […]

168 S.E.2d 155 DAUGHERTY v. THE STATE. 25143.Supreme Court of Georgia.ARGUED APRIL 16, 1969. DECIDED MAY 8, 1969. FRANKUM, Justice. The appellant was convicted of rape with a recommendation of mercy, and thereupon was sentenced Page 275 to life imprisonment. He appealed “from the judgment of conviction and sentence … and the order denying [his] […]

613 S.E.2d 636 CARSWELL v. THE STATE. S05A0367.Supreme Court of Georgia. DECIDED MAY 23, 2005. SEARS, Presiding Justice. The appellant, Larodney Carswell, appeals from his conviction for the malice murder and armed robbery of Marvin Godfrey.[1] On appeal, Carswell contends that the trial court erred by denying his motion to suppress several statements that he […]

143 S.E.2d 629 SAFFOLD, Executor v. CHEATHAM, Executor, et al. 23018.Supreme Court of Georgia.SUBMITTED JUNE 14, 1965. DECIDED JULY 8, 1965. The petition in the present case by two executors against their co-executor stated a cause of action for the intervention of a court of equity in the administration of an estate, and the trial […]

158 S.E.2d 396 WARD, Chairman of Georgia Milk Commission v. BIG APPLE SUPER MARKETS OF BOLTON ROAD, INC. et al. 24226.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1967. DECIDED OCTOBER 20, 1967. REHEARING DENIED NOVEMBER 9, 1967. The provision of the Milk Control Act (Ga. L. 1937, p. 247, as amended; Code Ann. § 42-523 et […]

124 S.E.2d 738 SOUTHERN WIRE IRON, INC. v. FOWLER et al. 21472.Supreme Court of Georgia.ARGUED JANUARY 17, 1962. DECIDED MARCH 8, 1962. REHEARING DENIED MARCH 23, 1962. When the employer and employee are under the provisions of the Workmen’s Compensation Act, injuries to the employee which arise from the failure of the employer to provide […]

131 S.E.2d 185 SALE v. LEACHMAN. 21924.Supreme Court of Georgia.ARGUED APRIL 8, 1963. DECIDED MAY 9, 1963. QUILLIAN, Justice. Wilbur M. Sale, Jr., and Caro S. Sale, nee Story, were husband and wife. To this union were born Wilbur M. Sale, III, Suzanne S. Sale and Hammond S. Sale whose ages are now six, four […]

709 S.E.2d 206 GUDE v. THE STATE. No. S10A1748.Supreme Court of Georgia. DECIDED FEBRUARY 28, 2011. RECONSIDERATION DENIED APRIL 12, 2011. BENHAM, Justice. Frederick Lee Gude has been indicted for murder and related crimes. The State moved the trial judge, Judge Marvin Arrington, to Page 47 recuse himself. Judge Arrington referred the State’s motion to […]

211 S.E.2d 772 SMITH v. HOPPER. 29185.Supreme Court of Georgia. DECIDED OCTOBER 8, 1974. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices concur. DECIDED OCTOBER 8, 1974. Habeas corpus. Tattnall Superior Court. Before Judge Caswell. Norman Ray Smith, pro se. Page 394 Arthur K. Bolton, Attorney […]

202 S.E.2d 456 DARLING v. AULT. 28009.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1973. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT OPINIONS WILL NOT BE PUBLISHED IN THIS HABEAS CORPUS CASE. RULE 32 (k), SUPREME COURT RULES. The trial court did not err in remanding the appellant to custody. Judgment affirmed. All the Justices […]

637 S.E.2d 379 PLYMEL et al. v. TEACHERS RETIREMENT SYSTEM et al. No. S06A1280.Supreme Court of Georgia. DECIDED OCTOBER 30, 2006. RECONSIDERATION DENIED DECEMBER 15, 2006. SEARS, Chief Justice. The appellants, Larrie Plymel and Corinne Monroe, are retired educators who are beneficiaries of the Teachers Retirement System of Georgia (“TRS”). The appellees are the TRS […]

497 S.E.2d 797 PRICE v. THE STATE. S98A0054.Supreme Court of Georgia. DECIDED APRIL 13, 1998. FLETCHER, Presiding Justice. Jason Todd Price was convicted of the murder of Alicia Faircloth.[1] He contends that the trial court erred in allowing his former girlfriend to explain that she did not report the crime to police for Page 374 […]

253 S.E.2d 748 GRESHAM et al. v. GANNON et al. 34488.Supreme Court of Georgia.ARGUED FEBRUARY 19, 1979. DECIDED MARCH 7, 1979. UNDERCOFLER, Presiding Justice. This action for declaratory judgment was brought by the nieces and nephews of John P. Upshaw[1] seeking construction of the term “next of kin” in the testator’s will and a declaration […]

162 S.E.2d 338 PIPPINS v. THE STATE. 24703.Supreme Court of Georgia.ARGUED JUNE 11, 1968. DECIDED JULY 2, 1968. 1. The evidence authorized the verdict of guilty of robbery by force. 2. It was not error to permit two witnesses to testify after they had remained in the courtroom notwithstanding invocation of the rule for sequestration […]

259 S.E.2d 476 LEGGETT v. THE STATE. 35184.Supreme Court of Georgia.SUBMITTED JULY 27, 1979. DECIDED SEPTEMBER 10, 1979. UNDERCOFLER, Presiding Justice. Appellant Jeffrey Donald Leggett was convicted of murdering his stepfather, Frank Adamson, on September 8, 1978, in Adamson’s home and in the presence of Leggett’s mother and two sisters. Leggett filed a special plea […]

175 S.E.2d 557 F. C. BROOKS SONS, INC. v. SHELL OIL COMPANY. 25781.Supreme Court of Georgia.ARGUED MAY 11, 1970. DECIDED JUNE 9, 1970. The motion to dismiss the complaint was properly sustained. ARGUED MAY 11, 1970 — DECIDED JUNE 9, 1970. Equitable petition. Cobb Superior Court. Before Judge Hames. F. C. Brooks Sons, Inc. brought […]

146 S.E.2d 882 BOSTICK v. USRY et al. 23130.Supreme Court of Georgia.ARGUED OCTOBER 11, 1965. DECIDED JANUARY 10, 1966. The grant of a mistrial because of improper argument of counsel is largely within the discretion of the trial judge, and his discretion will not be interfered with unless it is apparent that a mistrial was […]

107 S.E.2d 191 WHITNEY et al. v. CITIZENS SOUTHERN NATIONAL BANK, Trustee, et al. 20291.Supreme Court of Georgia.ARGUED JANUARY 12, 1959. DECIDED FEBRUARY 6, 1959. The trial court properly construed the will to leave to the daughter and two nieces of the testator’s wife one-half of the residuary trust estate. ARGUED JANUARY 12, 1959 — […]

319 S.E.2d 440 JOHNSON v. FIRST NATIONAL BANK OF ROME, GEORGIA et al. 41096.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1984. SMITH, Justice. Mr. Hugh Johnson, Jr. sued Mrs. Martha Johnson Miller and the First National Bank of Rome, co-executors of his father’s estate, for an accounting, punitive damages, and attorney fees. At the close […]

86 S.E.2d 307 ROOKER v. THE STATE. 18795.Supreme Court of Georgia.ARGUED JANUARY 12, 1955. DECIDED FEBRUARY 16, 1955. HAWKINS, Justice. Roy Thomas Rooker was indicted in Fulton Superior Court for the murder of his wife by shooting her with a rifle. The jury returned a verdict of guilty with a recommendation of mercy. To the […]

429 S.E.2d 85 BURKE v. BURKE. S93A0133.Supreme Court of Georgia. DECIDED MAY 3, 1993. RECONSIDERATION DENIED MAY 27, 1993. HUNSTEIN, Justice. Appellee brought a contempt action against appellant, her former husband, for failure to pay alimony and child support under the terms of a temporary order entered May 30, 1990. Following a ruling against appellant […]

183 S.E.2d 376 THRASH (THRASHER) v. THE STATE. 26552.Supreme Court of Georgia.ARGUED JUNE 14, 1971. DECIDED JULY 9, 1971. UNDERCOFLER, Justice. Appellant was convicted and sentenced to life imprisonment for the murder of his wife. He appeals. Held: 1. The statement of the deceased was properly admitted into evidence Page 776 as a dying declaration. […]

256 S.E.2d 782 CITY OF BOWMAN v. GUNNELLS et al. 34481.Supreme Court of Georgia.ARGUED MARCH 12, 1979. DECIDED JUNE 20, 1979. JORDAN, Justice. We granted certiorari to review the decision of the Court of Appeals in City of Bowman v. Gunnells, 148 Ga. App. 27 (251 S.E.2d 39) (1978) which held that there was an […]

80 S.E.2d 1 JACKSON v. COMMERCIAL CREDIT CORPORATION. 18425.Supreme Court of Georgia.ARGUED JANUARY 11, 1954. DECIDED JANUARY 12, 1954. HEAD, Justice. The plaintiff’s action is based upon a contract made by him for the purchase of an automobile. He alleges that the defendant contracted to receive, and did actually receive, more than the legal rate […]

376 S.E.2d 851 POTTS v. THE STATE. 45977.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1989. RECONSIDERATION DENIED MARCH 15, 1989. SMITH, Justice. This is a death penalty case. Jack Howard Potts originally was convicted and sentenced to death in Forsyth County for the murder of Michael Priest. Potts v. State, 241 Ga. 67 (243 S.E.2d […]

454 S.E.2d 136 LATHAM v. FAULK. S94A1656.Supreme Court of Georgia. DECIDED MARCH 6, 1995. FLETCHER, Justice. Charles Faulk sued Saralyn Latham for specific performance of a contract to make a will that had been made by Faulk and Latham’s respective predecessors-in-interest. Following a verdict by an advisory jury in favor of Faulk, the trial court […]

55 S.E.2d 551 LAMONS et al. v. YARBROUGH et al. 16791.Supreme Court of Georgia. OCTOBER 11, 1949. 1. It is the duty of the courts, in the interpretation of statutes, to seek diligently to arrive at the legislative intent, and, in order to do so, they should not adopt an arbitrary rule that the legislature […]

311 S.E.2d 828 STYNCHCOMBE v. FLOYD; and vice versa. 40339, 40340.Supreme Court of Georgia. DECIDED FEBRUARY 9, 1984. SMITH, Justice. Gary Michael Floyd was tried and convicted of the offense of murder and sentenced to death. On direct appeal we affirmed this conviction and sentence. Floyd v. State, 233 Ga. 280 (210 S.E.2d 810) (1974) […]

334 S.E.2d 175 KEENER v. THE STATE. 42003.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 1985. HILL, Chief Justice. Michael J. Keener was tried for the murder of his 80-year-old aunt, was found guilty but mentally ill, and was sentenced to life in prison.[1] He appeals. On the afternoon of January 2, 1984, Mrs. Ola Nicholson […]

261 S.E.2d 398 IN THE MATTER OF REED. SUPREME COURT DISCIPLINARY NO. 27.Supreme Court of Georgia. DECIDED OCTOBER 31, 1979. PER CURIAM. Respondent admits his violation of State Bar Rule 4-102, Standard 3, and has voluntarily submitted his resignation from the State Bar of Georgia. The State Disciplinary Board has recommended its acceptance. The recommendation […]

379 S.E.2d 786 IN THE MATTER OF ROBERT P. MIDTLYNG. SUPREME COURT DISCIPLINARY NOS. 658, 717, 718.Supreme Court of Georgia. DECIDED JUNE 8, 1989. PER CURIAM. Robert P. Midtlyng, a member of the State Bar of Georgia, has admitted, in three separate disciplinary cases, three violations of Standard 44 of Bar Rule 4-102 (wilful disregard […]

160 S.E.2d 383 LARSEN v. LARSEN. 24433.Supreme Court of Georgia.ARGUED JANUARY 8, 1968. DECIDED MARCH 7, 1968. FRANKUM, Justice. 1. Where it appears from the allegations of the appellee’s traverse of the entries of filing entered on the appellant’s enumeration of errors by the clerk of this court, and admitted by the clerk, that the […]

165 S.E.2d 840 BRENNAN v. RUSHING. 24956.Supreme Court of Georgia.ARGUED DECEMBER 9, 1968. DECIDED JANUARY 23, 1969. REHEARING DENIED FEBRUARY 6, 1969. FRANKUM, Justice. This case comes to this court upon appeal from the judgment of the trial court, based upon a jury verdict. reversing the Court of Ordinary of Richmond County and ordering an […]

256 S.E.2d 785 MITCHELL v. EXCELSIOR SALES IMPORTS, INC. et al. (two cases). 34490, 34846.Supreme Court of Georgia.SUBMITTED JANUARY 26, 1979. SUBMITTED APRIL 27, 1979. DECIDED JUNE 20, 1979. BOWLES, Justice. Appellees Jerome Saul and Suzanne S. Saul are the owners of a building in Augusta, Georgia, which they leased to Excelsior Sales Imports, Inc., […]

243 S.E.2d 36 KING et al. v. HERRON et al. 33161.Supreme Court of Georgia.ARGUED JANUARY 17, 1978. DECIDED FEBRUARY 22, 1978. REHEARING DENIED MARCH 7, 1978. JORDAN, Justice. This is an appeal from an order of the trial court overruling the defendants’ motion to dismiss and temporarily enjoining them from receiving further compensation as mayor […]

228 S.E.2d 786 HOWERTON v. GARRETT. 30957.Supreme Court of Georgia.SUBMITTED MARCH 22, 1976. DECIDED SEPTEMBER 7, 1976. GUNTER, Justice. This child custody and child support case raises an issue of venue. Appellant-father and appellee-mother were divorced in 1971; the mother was awarded custody and child support periodic payments; the father moved to and is a […]

576 S.E.2d 855 INGRAM v. THE STATE. S03A0307.Supreme Court of Georgia. Decided February 10, 2003 THOMPSON, Justice. Defendant Darrell R. Ingram was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a crime, in connection with the shooting deaths of Ramone Kimble and Stacy Smalls, and the wounding of […]

25 S.E.2d 685 DARBIE v. DARBIE. 14471.Supreme Court of Georgia. APRIL 15, 1943. JENKINS, Justice. 1. Art. 6, ch. 2-43, sec. 16 of the State constitution provides that “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 […]

35 S.E.2d 288 JONES et al. v. J. S. H. COMPANY et al. 15229.Supreme Court of Georgia. SEPTEMBER 10, 1945. 1. Whenever a transaction is between husband and wife and the creditors of the husband attack it for fraud, if the wife claims the property purchased or received from the husband, the onus is upon […]

177 S.E.2d 41 PRUITT, CHAIRMAN, et al. v. MEEKS et al. 25907.Supreme Court of Georgia.ARGUED JULY 13, 1970. DECIDED SEPTEMBER 10, 1970. The court erred in granting the appellee’s petition for a writ of mandamus requiring the governing authority of Gwinnett County to issue the conditional use permit applied for by the appellee, since the […]

436 S.E.2d 658 HOIG v. THE STATE. S93A1512.Supreme Court of Georgia. DECIDED DECEMBER 2, 1993. HUNT, Presiding Justice. Thomas Hoig shot and killed Macy Gleaton with a handgun. He was convicted of malice murder and sentenced to life imprisonment.[1] He appeals and we affirm. 1. Having reviewed the evidence in the light most favorable to […]

224 S.E.2d 14 CLAY v. THE STATE. 30749.Supreme Court of Georgia.SUBMITTED JANUARY 29, 1976. DECIDED MARCH 8, 1976. INGRAM, Justice. This appeal, from an armed robbery conviction in Fulton Superior Court, presents only one issue for Page 399 decision: Did the trial court err in failing to charge the jury, upon the written request of […]

659 S.E.2d 383 IN THE MATTER OF DENNIS P. CRONIN. No. S08Y0793.Supreme Court of Georgia. DECIDED MARCH 31, 2008. PER CURIAM. This disciplinary matter is before the Court based on a recommendation by the State Bar that this Court impose reciprocal discipline for a suspension Respondent Dennis P. Cronin has received in Florida. Rule 9.4 […]

202 S.E.2d 44 HATCH et al. v. O’NEILL et al. 28207.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1973. DECIDED NOVEMBER 16, 1973. REHEARING DENIED NOVEMBER 29, 1973. An infant under the age of criminal responsibility is immune from suit for tort, under the provisions of Code § 105-1806. ARGUED SEPTEMBER 11, 1973 — DECIDED NOVEMBER 16, […]

290 S.E.2d 914 NEWBERRY v. BALKCOM et al. 38467.Supreme Court of Georgia. DECIDED APRIL 29, 1982. PER CURIAM. The probate judge and county commissioners of Jones County are at issue with each other over whether one of the two clerks of the probate court shall receive paid sick leave for seven weeks instead of only […]

22 S.E.2d 124 BRANCH v. BRANCH. 14267.Supreme Court of Georgia. SEPTEMBER 21, 1942. One who assigns error must show error by the record. Where on the trial of an intervention the judge charged the jury that the issue then being tried was not a part of the main case which had been previously referred to […]

9 S.E.2d 165 TAYLOR v. TRUSTEES OF JESSE PARKER WILLIAMS HOSPITAL. 13180.Supreme Court of Georgia. MAY 23, 1940. 1. In the circumstances stated in division 1 of the opinion, legal title to the residuary estate vested in the trustees at the death of the testatrix, with right of possession postponed until acceptance of the charter […]

710 S.E.2d 139 WONDIUM v. GETACHEW. No. S11A0467.Supreme Court of Georgia. DECIDED MAY 16, 2011. BENHAM, Justice. Husband Mesfin Wondium and Wife Ayalnesh Getachew were married in November 1997 in Addis Ababa, Ethiopia. Two daughters were born in Georgia during the marriage, one in December 2000 and the other in May 2005. After Husband was […]

290 S.E.2d 52 PROPERTY PICKUP, INC. et al. v. MORGAN et al. 38390.Supreme Court of Georgia. DECIDED APRIL 6, 1982. GREGORY, Justice. This appeal is from the grant of the appellees’ motion to dismiss appellants’ complaint below. In the complaint appellants sought in equity to have appellees’ default judgment set aside. The default judgment declared […]

367 S.E.2d 786 INTERNATIONAL INDEMNITY COMPANY v. COLLINS. 45254.Supreme Court of Georgia. DECIDED APRIL 27, 1988. RECONSIDERATION DENIED MAY 25, 1988. CLARKE, Presiding Justice. This court detailed the facts of this case in Collins v. Intl. Indem. Co., 256 Ga. 493 (349 S.E.2d 697) (1986). On May 2, 1981 deceased and his companion were thrown […]

262 S.E.2d 789 MILNE et al. v. CITY OF LAWRENCEVILLE. 35571.Supreme Court of Georgia.SUBMITTED NOVEMBER 19, 1979. DECIDED JANUARY 3, 1980. Judgment affirmed without opinion under Rule 59. Nichols, C. J., Undercofler, P. J., Jordan, Hill, Bowles and Marshall, JJ., and Judge Charles L. Weltner concur. SUBMITTED NOVEMBER 19, 1979 — DECIDED JANUARY 3, 1980. […]

17 S.E.2d 55 ROBINSON et al. v. GEORGIA POWER COMPANY. 13885.Supreme Court of Georgia. OCTOBER 16, 1941. DUCKWORTH, Justice. The plaintiffs prayed for injunction and for damages to realty. The defendant demurred on the ground that the petition did not state facts sufficient to authorize the grant of injunctive or other equitable relief. After reciting […]

162 S.E.2d 732 ADCOCK et al. v. SUTTON et al. 24672.Supreme Court of Georgia.ARGUED JUNE 10, 1968. DECIDED JULY 16, 1968. Since there was no valid tender of the amount of taxes admitted to be due, the trial court properly denied the plaintiffs’ prayer for temporary relief. ARGUED JUNE 10, 1968 — DECIDED JULY 16, […]

425 S.E.2d 637 AMBAC INDEMNITY CORPORATION v. AKRIDGE et al. S92A1513.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1993. RECONSIDERATION DENIED FEBRUARY 24, 1993. FLETCHER, Justice. Ambac Indemnity Corporation, an insurer of municipal bonds, appeals from the trial court’s order declaring invalid a contract between Berrien County and the Berrien County Resource Recovery Development Authority and […]

175 S.E.2d 17 DENNIS v. THE STATE. 25743.Supreme Court of Georgia.ARGUED APRIL 13, 1970. DECIDED MAY 7, 1970. UNDERCOFLER, Justice. The appellant was convicted of operating an overweight vehicle upon a public highway. The evidence shows that the appellant had complied with the direction of a state employee to drive his truck upon scales from […]

292 S.E.2d 73 COSTA v. COSTA. 38503.Supreme Court of Georgia. DECIDED JUNE 2, 1982. CLARKE, Justice. In this case we granted the former wife’s application to appeal from an order of the superior court holding the former husband was not in wilful contempt for failure to make payments required under a divorce decree. Upon reviewing […]

559 S.E.2d 437 WRIGHT v. THE STATE. No. S01A1691.Supreme Court of Georgia. DECIDED: FEBRUARY 4, 2002. THOMPSON, Justice. A jury found Melissa Wright guilty of malice murder and felony murder in the shooting death of James Preston.[1] On appeal, she challenges the sufficiency of the evidence to support her conviction, and asserts that the trial […]

54 S.E.2d 267 BRINKLEY, next friend, v. DIXIE CONSTRUCTION COMPANY. 16679.Supreme Court of Georgia. JUNE 15, 1949. Section 1 of the act of 1943 (Ga. L. 1943, p. 538) — which provides: “No court, commission, or quasi-judicial body shall discriminate against any person because of his illegitimate birth” — does not amend § 105-1302 of […]

448 S.E.2d 693 IN THE MATTER OF LILLIAN R. MOESER. No. S94Y1511.Supreme Court of Georgia. DECIDED OCTOBER 11, 1994. PER CURIAM. Finding that Lillian R. Moeser violated Standards 4 (engaging in professional conduct involving dishonesty, fraud, etc.), 22 and 23 Page 540 (failing to follow appropriate steps for withdrawing from employment), 44 (abandoning a legal […]