Category: Georgia Supreme Court Opinions

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 […]

381 S.E.2d 37 THE STATE v. SMITH. 46746.Supreme Court of Georgia. DECIDED JULY 13, 1989. CLARKE, Presiding Justice. OCGA § 16-1-7 proscribes multiple prosecutions for the same conduct. OCGA § 16-1-7 (b) provides that [i]f several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the […]

206 S.E.2d 439 YOUNG v. THE STATE. 28721.Supreme Court of Georgia.SUBMITTED MARCH 12, 1974. DECIDED MAY 21, 1974. INGRAM, Justice. The appellant was indicted and tried in the Superior Court of Gwinnett County on a charge of murder for the shooting of his daughter, Evona. He was found guilty and sentenced to life imprisonment. His […]

61 S.E.2d 922 BRIDGES v. McGALLIARD. 17205.Supreme Court of Georgia.OCTOBER 11, 1950. REHEARING DENIED NOVEMBER 15, 1950. In an action of ejectment, where the evidence did not show that the parties claimed under a common grantor, nor that the plaintiff held title either by an unbroken chain from the State, by prescription, or in any […]

710 S.E.2d 763 DELOACH v. ELLIOTT et al. No. S11A0496.Supreme Court of Georgia. DECIDED MAY 16, 2011. RECONSIDERATION DENIED JUNE 13, 2011. CARLEY, Presiding Justice. On August 2, 2007, Waynesboro police officer Jonathan Elliott, while conducting a routine patrol, drove his police cruiser into the back of an automobile being driven by Irene DeLoach (Appellant). […]

238 S.E.2d 73 ANDREWS v. THE STATE. 32439.Supreme Court of Georgia.SUBMITTED JUNE 17, 1977. DECIDED SEPTEMBER 7, 1977. UNDERCOFLER, Presiding Justice. The question presented by this appeal is whether the office of Magistrate is part of the State Court of Cobb County. Appellant Andrews was found guilty of drag racing by the magistrate. He then, […]

622 S.E.2d 323 GARRETT v. THE STATE. S05A1676.Supreme Court of Georgia. DECIDED NOVEMBER 21, 2005. HUNSTEIN, Presiding Justice. Appellant Lief Garrett was convicted of malice murder, felony murder and possession of a knife during the commission of a crime in connection with the fatal stabbing of Tyreek Seivwright. He filed a motion for new trial […]

647 S.E.2d 576 JONES v. THE STATE. No. S07A1091.Supreme Court of Georgia. DECIDED JULY 13, 2007. THOMPSON, Justice. Defendant Henry Lee Jones was convicted of malice murder and weapons possession charges in connection with the shooting death of Pierre Delahousasaye.[1] We find no harmful error and affirm. Viewing the evidence in a light favorable to […]

187 S.E.2d 682 JOHNSON et al. v. WORMSLOE FOUNDATION, INC. 26935.Supreme Court of Georgia.ARGUED JANUARY 10, 1972. DECIDED FEBRUARY 28, 1972. REHEARING DENIED MARCH 9, 1972. 1. The motion to dismiss the complaint was properly denied. 2. The grant of the motion for summary judgment in favor of the claim of exemption from ad valorem […]

594 S.E.2d 333 MAYO v. THE STATE. S03A1467.Supreme Court of Georgia. DECIDED MARCH 8, 2004. FLETCHER, Chief Justice. Terrance Lamar Mayo appeals his convictions for malice murder, two counts of aggravated assault, and possession of a firearm during the commission of a crime, contending only that the evidence presented at trial was insufficient to support […]

357 S.E.2d 559 BROWNER v. THE STATE. 43998.Supreme Court of Georgia. DECIDED JUNE 18, 1987. RECONSIDERATION DENIED JULY 30, 1987. BELL, Justice. Ronald William Browner, the appellant, entered a guilty plea in Clayton County Superior Court to the murder of Vanessa Choice. The trial court denied Browner’s subsequent motion to withdraw his guilty plea. This […]

150 S.E.2d 644 MERRITT v. DIXON et al., Commissioners. 23572.Supreme Court of Georgia.SUBMITTED JULY 11, 1966. DECIDED SEPTEMBER 8, 1966. ALMAND, Justice. Nat Merritt brought a petition in the Superior Court of Clayton County against P. K. Dixon, Chairman of the Board of Commissioners of Roads and Revenues of Clayton County, Terrell Starr, vice-chairman of […]

17 S.E.2d 61 FEAGIN v. FREENEY, treasurer. 13788.Supreme Court of Georgia. SEPTEMBER 12, 1941. REHEARING DENIED OCTOBER 14, 1941. That portion of the act of 1933 (Ga. L. 1933, p. 346), purporting to grant to the board of commissioners of Bibb County the power to fix the salary of the judge of the municipal court […]

552 S.E.2d 855 RHODE v. THE STATE. S01P0708.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 HINES, Justice. A jury found Brandon Joseph Rhode guilty of three counts of malice murder, three counts of felony murder, two counts of burglary, and one count of kidnapping with bodily injury.[1] The jury found beyond a reasonable doubt that […]

35 S.E.2d 285 MATHIS v. SCOTT, warden. 15240.Supreme Court of Georgia. SEPTEMBER 8, 1945. 1. Where, in a habeas corpus proceeding, a prisoner insists that he did not sign a written plea of guilty, but the evidence shows that he orally stated his desire to enter a plea of guilty, this was ample to authorize […]

662 S.E.2d 537 SEWELL v. THE STATE. No. S08A0121.Supreme Court of Georgia. DECIDED JUNE 2, 2008. HINES, Justice. Jeffery D. Sewell appeals his convictions for felony murder while in the commission of aggravated assault and possession of a firearm while in the commission of a crime in connection with the death of Anthony Edward Thomas […]

40 S.E.2d 383 AMERICAN OIL COMPANY v. MOOREHEAD. 15598.Supreme Court of Georgia. OCTOBER 10, 1946. REHEARING DENIED NOVEMBER 15, 1946. Under the facts in this case, the trial court did not err in denying an interlocutory injunction. No. 15598. OCTOBER 10, 1946. REHEARING DENIED NOVEMBER 15, 1946. Petition for injunction. Before Judge Edwards. Hart Superior […]

167 S.E.2d 649 CITY OF MARIETTA v. GLOVER et al. 25140.Supreme Court of Georgia.ARGUED APRIL 15, 1969. DECIDED APRIL 24, 1969. REHEARING DENIED MAY 8, 1969. UNDERCOFLER, Justice. This controversy originated under the Land Registration Law (Code Ann. Title 60) and involves the title to Glover Park in Marietta, Georgia. It has been a public […]

697 S.E.2d 211 BROGDON v. THE STATE. No. S09G2058.Supreme Court of Georgia. DECIDED JULY 12, 2010. BENHAM, Justice. We issued a writ of certiorari to the Court of Appeals to determine the extent, if any, to which the statutory exemption of “private papers” from the purview of a search warrant applies to a search warrant […]

414 S.E.2d 466 JAMISON v. THE STATE. S91G0962.Supreme Court of Georgia. DECIDED MARCH 13, 1992. PER CURIAM. We granted certiorari in this case, Jamison v. State, 199 Ga. App. 401 (405 S.E.2d 82) (1991), to consider whether the Court of Appeals correctly affirmed the trial court’s denial of appellant Jamison’s motion to suppress. The facts […]

485 S.E.2d 31 IN THE MATTER OF WILLIS NELSON MARSHALL. S97Y0336.Supreme Court of Georgia. DECIDED JANUARY 21, 1997. PER CURIAM. This Court previously granted the petition of Willis Nelson Marshall for voluntary suspension pursuant to Bar Rule 4-104, and suspended Marshall with conditions for reinstatement. In the Matter of Willis Nelson Marshall, 265 Ga. 21 […]

67 S.E.2d 720 HAYS et al. v. McGINNESS et al. 17614.Supreme Court of Georgia.SUBMITTED OCTOBER 8, 1951. DECIDED NOVEMBER 13, 1951. REHEARING DENIED NOVEMBER 28, 1951. A sale of land will not be vitiated by false representations of the seller as to the quality or condition of the land, where the purchaser had sufficient opportunity […]

495 S.E.2d 6 CHAMBERS ET AL. v. FULFORD ET AL. S97A1506.Supreme Court of Georgia. DECIDED JANUARY 26, 1998. HUNSTEIN, Justice, In September 1996 the Wheeler County Board of Tax Assessors entered into a four-year contract with Jerry Powell to act as a Level III county tax appraiser. Two of the three commissioners on the Wheeler […]

470 S.E.2d 233 IN THE MATTER OF JOANNE RAY CLARKE. S94Y1856.Supreme Court of Georgia. DECIDED MAY 13, 1996. PER CURIAM. After conducting an investigation into a grievance filed against Joanne Ray Clarke by former clients, the Investigative Panel of the State Disciplinary Board found probable cause to believe that Clarke had violated Standards 4 (engaging […]

177 S.E.2d 237 GRUBBS v. DOWSE. 26025.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1970. DECIDED OCTOBER 8, 1970. NICHOLS, Justice. Pike E. Grubbs and Betty R. Grubbs were divorced in 1961. The divorce decree granted the wife, now Betty R. Grubbs Dowse, custody of the couple’s daughter “with the right of the [husband] to visit his […]

298 S.E.2d 496 ANDERSON v. THE STATE. 39265.Supreme Court of Georgia. DECIDED JANUARY 4, 1983. MARSHALL, Presiding Justice. The appellant was convicted of murder and possession of a firearm by a convicted felon. For the murder conviction, he was sentenced to life imprisonment, and for the possession conviction, he was sentenced to a concurrent term […]

454 S.E.2d 507 DAYS INNS OF AMERICA, INC. v. MATT et al. S94G1153.Supreme Court of Georgia. DECIDED MARCH 13, 1995. RECONSIDERATION DENIED MARCH 30, 1995. HUNT, Chief Justice. We granted certiorari to the Court of Appeals in Matt v. Days Inns of America, 212 Ga. App. 792 (443 S.E.2d 290) (1994) to determine whether, in […]

280 S.E.2d 626 BURKE v. PROPST. 37497.Supreme Court of Georgia. DECIDED JUNE 30, 1981. The judgment of the trial court is affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED JUNE 30, 1981. Mandamus. Fulton Superior Court. Before Judge Fryer. William Edmund Burke, for appellant. David E. Betts, for appellee. Floyd E. […]

181 S.E.2d 823 CROSBY v. DIXIE METAL COMPANY. 26273.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1971. DECIDED MAY 6, 1971. HAWES, Justice. The Court of Appeals certified to this court the following question, a determination of which is necessary for decision of the case before it: “Section 13 of the Act approved March 3, 1955 (Ga. […]

20 S.E.2d 80 STEPHENS et al. v. CITY COUNCIL OF AUGUSTA et al. 14091.Supreme Court of Georgia. APRIL 16, 1942. BELL, Justice. 1. While the ordinance purported to confer certain powers on the barber board, including the power of inspection, which if exercised might result in physical interference with the plaintiff’s business, the petition did […]

202 S.E.2d 459 MARSHALL v. CALDWELL. 28192.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 […]

519 S.E.2d 655 GULLEY v. THE STATE. S99P0289.Supreme Court of Georgia. DECIDED JULY 8, 1999 — RECONSIDERATION DENIED JULY 27, 1999. BENHAM, Chief Justice. William Marvin Gulley was convicted of malice murder, aggravated battery (two counts), burglary, armed robbery (two counts), rape, aggravated assault (three counts), kidnapping with bodily injury (two counts), theft by taking, […]

87 S.E.2d 853 GILES et al. v. DOOLITTLE et al. 18927.Supreme Court of Georgia.ARGUED APRIL 11, 1955. DECIDED JUNE 14, 1955. WYATT, Presiding Justice. Plaintiffs in error brought suit to enjoin defendants in error from trespassing on property which they allege belongs to them. At the trial of the instant case, it developed that the […]

76 S.E.2d 65 RICHMOND COUNTY et al. v. GLANTON. 18169.Supreme Court of Georgia.ARGUED APRIL 13, 1953. DECIDED MAY 11, 1953. HAWKINS, Justice. H. F. Glanton filed his petition against Richmond County, Georgia, the Board of Commissioners of Roads and Revenues of that county, each of the commissioners, and the sheriff of the county, Page 734 […]

59 S.E.2d 366 ADAMS v. ADAMS. 17084.Supreme Court of Georgia. MAY 10, 1950. CANDLER, Justice. The present writ of error involves a controversy between the parties concerning the custody of their minor children. After a divorce was granted “between the parties,” custody of their three minor children was awarded to the mother, and the father […]

99 S.E.2d 101 LOOPER et al. v. GEORGIA SOUTHERN FLORIDA RAILWAY CO. et al. 19685.Supreme Court of Georgia.ARGUED MAY 13, 1957. DECIDED JUNE 10, 1957. 1. Where pursuant to terms of the employment contract petitioners were notified that unless they became members of a labor union within 60 days their employment would be terminated, the […]

276 S.E.2d 4 HANES v. HANES. 37279.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1981. REHEARING DENIED MARCH 13, 1981. JORDAN, Chief Justice. A divorce was granted by the court by judgment reserving the issue of division of property. The jury awarded the house to the former wife and certain personalty to the former husband. The […]

63 S.E.2d 664 MORRIS, administrator, v. SHUMATE, executrix, et al. 17365.Supreme Court of Georgia.FEBRUARY 14, 1951. REHEARING DENIED MARCH 14, 1951. HEAD, Justice. The petition failed to set forth a cause of action for any of the relief prayed, and the trial court properly sustained the general demurrer. Judgment affirmed. All the Justices concur. No. […]

37 S.E.2d 700 McKEE v. THE STATE. 15410.Supreme Court of Georgia. APRIL 2, 1946. Ownership of property alleged to have been stolen is properly laid in the indictment as of the date of the theft, and this is true even though the owner died subsequently to the theft and prior to the indictment. The accused […]

202 S.E.2d 426 IMPERIAL MASSAGE HEALTH STUDIO, INC. v. LEE. 28386.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1973. DECIDED NOVEMBER 29, 1973. NICHOLS, Justice. The District Attorney of the Houston Judicial Circuit filed an action against the appellants to abate a nuisance alleged to be existing in violation of Code Chapter 72-3. Thereafter an order was […]

429 S.E.2d 252 THE STATE v. BURGESS. S92G1284.Supreme Court of Georgia. DECIDED MAY 3, 1993. RECONSIDERATION DENIED MAY 28, 1993. SEARS-COLLINS, Justice. Ronald Burgess, the appellee, sold a substance which he represented to be methamphetamine to an informant for $700.[1] The substance turned out to be primarily niacinamide, a vitamin which is regarded as a […]

76 S.E.2d 801 JONES v. JONES. 18244.Supreme Court of Georgia.ARGUED JUNE 9, 1953. DECIDED JULY 13, 1953. 1. Where an acknowledgment that a copy of the petition was received and a waiver of all other and further service are entered upon the petition, signed by the defendant before it is filed, and two days thereafter […]

101 S.E.2d 710 HAWKINS v. THE STATE. 19907.Supreme Court of Georgia.ARGUED NOVEMBER 12, 1957. DECIDED JANUARY 10, 1958. The evidence fully supports the verdict, and it was not error to deny the defendant’s motion for a new trial. ARGUED NOVEMBER 12, 1957 — DECIDED JANUARY 10, 1958. Murder. Before Judge Crow. Baker Superior Court. September […]

5 S.E.2d 657 MONTGOMERY v. GULLATT et al., tax-assessors. 12899.Supreme Court of Georgia. NOVEMBER 16, 1939. ATKINSON, Presiding Justice. The exception is to a judgment of the superior court overruling a certiorari from an award of arbitrators selected under the Code, § 92-6912, relating to disputed assessments of property for taxation. In the bill of […]

263 S.E.2d 922 BOZEMAN v. HORTON. 35759.Supreme Court of Georgia.ARGUED JANUARY 21, 1980. DECIDED FEBRUARY 5, 1980. MARSHALL, Justice. In 1975, the plaintiff-appellant purchased certain improved real estate from the defendant-appellee. He executed as partial payment therefor a promissory note in the amount of $130,000, which was secured by a deed to secure debt. In […]

238 S.E.2d 357 DAVIS v. PRICE et al. 32656.Supreme Court of Georgia.SUBMITTED AUGUST 12, 1977. DECIDED SEPTEMBER 7, 1977. NICHOLS, Chief Justice. The petitioner filed a pro se petition for writ of mandamus in Fulton Superior Court seeking a free copy of the transcript of his burglary trial and related proceedings. He appeals from the […]

34 S.E.2d 869 BOOTH v. ADERHOLD, warden. 15216.Supreme Court of Georgia. JULY 6, 1945. REHEARING DENIED JULY 23, 1945. Under the pleadings and the evidence in this habeas corpus case, the judge did not err in refusing to discharge the petitioner, and in remanding him to custody. No. 15216. JULY 6, 1945. REHEARING DENIED JULY […]

422 S.E.2d 201 IN THE MATTER OF JOHN F. GERAGHTY. SUPREME COURT DISCIPLINARY NOS. 829, 830.Supreme Court of Georgia. DECIDED OCTOBER 22, 1992. PER CURIAM. The State Bar of Georgia seeks a three-year suspension of John F. Geraghty from the practice of law, with the suspension to run concurrently with the two-year suspension that this […]

54 S.E.2d 598 ENGRAM et al v. FAIRCLOTH. 16716.Supreme Court of Georgia. JULY 13, 1949. CANDLER, Justice. T. C. Engram and Homer Lockett as citizens and taxpayers of Randolph County, Georgia, presented to the judge of the superior court an application for leave to file an information in the nature of a quo warranto to […]

575 S.E.2d 447 JACKSON v. THE STATE. S02A1659.Supreme Court of Georgia. DECIDED: JANUARY 13, 2003 BENHAM, Justice. Sanchez Jackson appeals in this case his convictions for malice murder and cruelty to children. The victim was Don-Ye Watson, the 22-month-old son of the woman with whom Jackson was living. A medical examiner testified that the child […]

154 S.E.2d 213 CHATTERTON v. DUTTON, Warden. 23981.Supreme Court of Georgia.ARGUED MARCH 13, 1967. DECIDED MARCH 23, 1967. The statute (Code Ann. § 26-1005) which permits the jury on finding a defendant guilty of murder to recommend or not to recommend mercy does not violate the equal protection or due process clauses of the Fourteenth […]

283 S.E.2d 454 PETERS v. PETERS. 37533.Supreme Court of Georgia. DECIDED OCTOBER 27, 1981. REHEARING DENIED NOVEMBER 18, 1981. PER CURIAM. In this case, the appellant husband sued the appellee wife for divorce on the ground of the appellee’s adultery. More than 30 days after the appellant’s complaint was served on the appellee, she filed […]

180 S.E.2d 707 DANIEL v. O’KELLEY. 26242.Supreme Court of Georgia.ARGUED DECEMBER 15, 1970. DECIDED JANUARY 21, 1971. REHEARING DENIED FEBRUARY 15, 1971. The court erred in sustaining the defendant’s motion for a summary judgment. ARGUED DECEMBER 15, 1970 — DECIDED JANUARY 21, 1971 — REHEARING DENIED FEBRUARY 15, 1971. Equitable petition. Muscogee Superior Court. Before […]

397 S.E.2d 901 IN THE MATTER OF ROBERT W. HARRISON, JR. SUPREME COURT DISCIPLINARY NO. 637.Supreme Court of Georgia. DECIDED OCTOBER 18, 1990. PER CURIAM. In June 1988, Respondent was convicted of two counts of income tax evasion in the United States District Court for the Southern District of Georgia. Subsequently Respondent filed a petition […]

311 S.E.2d 821 KIRK v. THE STATE. 40470.Supreme Court of Georgia. DECIDED FEBRUARY 3, 1984. WELTNER, Justice. Kirk was convicted of enticing away a female child under the age of 16 years against the will of her parents. See former OCGA § 16-5-40 (b) (Code Ann. § 26-311), repealed by Ga. L. 1982, p. 970, […]

195 S.E.2d 914 GRAY v. DeKALB COUNTY. 27631.Supreme Court of Georgia.ARGUED DECEMBER 12, 1972. DECIDED JANUARY 24, 1973. The trial judge did not err in denying the defendant’s motion to dismiss the complaint of the county, and in granting a temporary injunction against the defendant. ARGUED DECEMBER 12, 1972 — DECIDED JANUARY 24, 1973. Injunction. […]

371 S.E.2d 389 LEE v. THE STATE. 45669.Supreme Court of Georgia. DECIDED SEPTEMBER 7, 1988. HUNT, Justice. Roy Lee was convicted by a jury of the murder and armed robbery of Spec Prather.[1] He was sentenced to a life term for each offense. He appeals, questioning the sufficiency of the evidence, the trial court’s denial […]

99 S.E.2d 145 LUMBER FABRICATORS, Inc. v. GREGORY. LUMBER FABRICATORS, Inc. v. JONES et al. 19695, 19696.Supreme Court of Georgia.ARGUED MAY 14, 1957. DECIDED JUNE 10, 1957. REHEARING DENIED JULY 3, 1957. HAWKINS, Justice. Lumber Fabricators, Inc., filed a petition in Cobb Superior Court, on January 29, 1957, against Clarence M. Jones, Mrs. Agnes W. […]

628 S.E.2d 585 CORBETT v. CORBETT. S06F0328.Supreme Court of Georgia. DECIDED MARCH 27, 2006. HUNSTEIN, Presiding Justice. Charles Corbett appeals from the trial court’s order denying his motion for partial summary judgment seeking to enforce an antenuptial agreement. Finding no error, we affirm. Charles (Husband) and Eileen (Wife) Corbett were married in 1987. Three days […]

657 S.E.2d 206 DEKALB COUNTY et al. v. COOPER HOMES. No. S07A1548.Supreme Court of Georgia. DECIDED FEBRUARY 11, 2008. BENHAM, Justice. In its effort to build five residences on ten legal nonconforming lots of record[1] in unincorporated DeKalb County, appellee Cooper Homes had its application for interior side yard setback variances denied by the DeKalb […]

390 S.E.2d 841 THAXTON v. THE STATE. S90A0255.Supreme Court of Georgia. DECIDED MAY 2, 1990. BENHAM, Justice. Richard Lamar Thaxton appeals his convictions for the robbery and felony murder of Mary Frances White.[1] We affirm appellant’s felony murder conviction.[2] Appellant was positively identified by an eyewitness as the man who grabbed the 65-year-old victim’s purse […]

93 S.E.2d 3 RICHARDS ASSOCIATES, INC. v. STUDSTILL et al. 19223.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1956. DECIDED APRIL 9, 1956. REHEARING DENIED MAY 16, 1956. 1. There is no merit in the motion to dismiss the writ of certiorari on the ground that it was improvidently granted. 2. Joint tortfeasors residing in different counties […]

48 S.E.2d 109 DOLVIN REALTY COMPANY et al. v. HOLLEY. 16199.Supreme Court of Georgia. MAY 13, 1948. 1. “Without the express consent of the principal after a full knowledge of all the facts, an agent employed to sell may not himself be the purchaser.” Code, § 4-204. Accordingly, a count in a petition to cancel […]

68 S.E.2d 590 SHEFFIELD v. STATE SCHOOL BLDG. AUTHORITY et al. 17682.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1951. DECIDED JANUARY 14, 1952. 1. The State School Building Authority Act (Ga. L. 1951, pp. 241-246) plainly forbids any attempt thereunder to obligate the State, pledge the State’s faith or credit, or donate anything belonging to the […]

295 S.E.2d 315 STANLEY v. THE STATE. 38631.Supreme Court of Georgia. DECIDED SEPTEMBER 28, 1982. GREGORY, Justice. We granted certiorari to consider whether it was reversible error for the prosecutor to ask a detective, in relation to the identification of the defendant, “Now, mug books are what exactly?,” eliciting the answer, “They are pictures of […]

18 S.E.2d 548 PELOT v. PELOT. 13986.Supreme Court of Georgia. JANUARY 14, 1942. Where husband and wife are living separately, and no action for divorce is pending, and the wife has instituted against the husband a suit for permanent alimony, it is not illegal for the judge on her application, after the required notice to […]

480 S.E.2d 603 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY v. AMALGAMATED TRANSIT UNION LOCAL DIVISION NO. 732. S96A0782.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1996. PER CURIAM. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. Equity. Fulton County Superior. Before Hon. Isaac Jenrette. Jim Wimberly Jr., WIMBERLY LAWSON, James Lester Hughes, Martin […]

482 S.E.2d 283 ROBERTS ET AL. v. BURKE COUNTY SCHOOL DISTRICT. S96G1005.Supreme Court of Georgia. DECIDED MARCH 3, 1997 — RECONSIDERATION DENIED APRIL 3, 1997. HINES, Justice. We granted certiorari to the Court of Appeals to consider its decision in Burke County School District v. Roberts, 220 Ga. App. 510 (469 S.E.2d 529) (1996) that […]

115 S.E.2d 103 RUSSELL v. VENABLE et al. 20875.Supreme Court of Georgia.SUBMITTED MAY 9, 1960. DECIDED JUNE 9, 1960. REHEARING DENIED JUNE 28, 1960. HAWKINS, Justice. The State of Georgia, as plaintiff and condemnor, filed its petition in rem, in the Superior Court of DeKalb County, to condemn the following described property adjacent to Stone […]

435 S.E.2d 609 ALEXANDER INVESTMENT GROUP, INC. v. JARVIS. S93A0753.Supreme Court of Georgia. DECIDED NOVEMBER 1, 1993. FLETCHER, Justice. Alexander Investment Group, Inc. is a private corporation engaged in the business of purchasing tax executions and real property at tax sales. In April and May 1992, Alexander purchased from the DeKalb County Tax Commissioner ad […]

262 S.E.2d 796 CATES v. THE STATE. 35359.Supreme Court of Georgia.ARGUED SEPTEMBER 19, 1979. DECIDED JANUARY 8, 1980. JORDAN, Justice. On January 7, 1978, Warren Nichols was strangled to death. Ten days later his body was discovered, partially frozen with the ligature still applied to his neck. Following an investigation, two suspects were arrested and […]

70 S.E.2d 452 HODO et al. v. JENKINS. 17796.Supreme Court of Georgia.SUBMITTED MARCH 10, 1952. DECIDED APRIL 14, 1952. DUCKWORTH, Chief Justice. The exception here is to the direction of a verdict, on an appeal to the superior court, against the caveators and in favor of the propounder of the will of Susie Hodo. The […]

93 S.E.2d 690 WOFFORD v. PORTE. 19313.Supreme Court of Georgia.SUBMITTED MAY 16, 1956. DECIDED JULY 10, 1956. REHEARING DENIED JULY 24, 1956. 1. Mandamus will not lie where there exists another plain legal remedy. 2. The petition failing to attack the zoning ordinance directly as violating stated provisions of the Constitution, the court erred in […]

41 S.E.2d 246 STATE PORTS AUTHORITY v. ARNALL, Governor, et al. 15653.Supreme Court of Georgia. JANUARY 7, 1947. 1. By art. 1, sec. 4, par. 2, of the Constitution of 1945, it is provided: “Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the judiciary shall so […]

489 S.E.2d 851 BROWN v. THE STATE. S97A1350.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 1997 CARLEY, Justice. A jury found Ronnie Bernard Brown guilty of the malice murder of Reginald Brooks. The trial court entered a judgment of conviction and life sentence on the jury’s guilty verdict. Thereafter, the trial court denied Brown’s motion for […]

47 S.E.2d 326 SACHS v. DEMPSEY. 16126.Supreme Court of Georgia. MARCH 19, 1948. An abuse of discretion is not shown in the grant of the interlocutory injunction in this case. No. 16126. MARCH 19, 1948. Injunction. Before Judge Pomeroy. Fulton Superior Court. November 10, 1947. Mrs. Thedral Dempsey filed her petition against Harry Sachs in […]

46 S.E.2d 117 KILBY v. SAWTELL et al. 16005.Supreme Court of Georgia. JANUARY 10, 1948. BELL, Justice. 1. Where an owner of land subdivides it into lots for the purpose of sale, under a general plan or scheme restricting the lots to certain uses, restrictions that are embodied in such general plan or scheme may […]

361 S.E.2d 169 HENDRICK v. THE STATE. 44546.Supreme Court of Georgia. DECIDED OCTOBER 21, 1987. PER CURIAM. Hendrick was indicted and tried for the malice murder and felony murder of his two-year-old son. He was convicted on both counts, but the trial court sentenced him to life in prison only on the malice murder count.[1] […]

106 S.E.2d 840 COLEMAN v. McADAMS et al. 20258.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1958. DECIDED JANUARY 12, 1959. An equitable petition to cancel a deed, signed by the plaintiff and his wife, on the ground of fraud in the procurement of the plaintiff’s signature, was properly dismissed on general demurrer, because of the failure […]

77 S.E.2d 525 MANIS v. GENEST. 18299.Supreme Court of Georgia.SUBMITTED JULY 13, 1953. DECIDED SEPTEMBER 14, 1953. ALMAND, Justice. This case is here on exceptions to orders of the trial court overruling demurrers and a plea in abatement. It originated in the Court of Common Pleas of Windham County, Connecticut, by the filing of a […]

475 S.E.2d 912 IN THE MATTER OF RICHARD L. CHAMBERS. S96Y1579.Supreme Court of Georgia. DECIDED JULY 15, 1996. PER CURIAM. On June 27, 1994, this Court suspended Chambers from the practice of law in the State of Georgia for eighteen months, and specified that the suspension could be lifted if Chambers met certain requirements. In […]

663 S.E.2d 160 THE STATE v. DARBY. No. S08A0658.Supreme Court of Georgia. DECIDED JUNE 30, 2008. RECONSIDERATION DENIED JULY 25, 2008. CARLEY, Justice. While investigating the fatal shooting of Alexys Anderson, the police learned of the possible involvement of Damorrial Darby. Accompanied by his parents, Darby, who was nineteen years old, surrendered to the authorities. […]

435 S.E.2d 44 CARR v. CARR. S93G0937.Supreme Court of Georgia. DECIDED OCTOBER 4, 1993. RECONSIDERATION DENIED OCTOBER 22, 1993. PER CURIAM. After plenary consideration of this matter, Carr v. Carr, 207 Ga. App. 611 (429 S.E.2d 95) (1993), it is found not to satisfy the criteria for the grant of certiorari and the writ is […]

655 S.E.2d 817 MONROE COUNTY et al. v. GEORGIA POWER COMPANY. No. S07G1156.Supreme Court of Georgia. DECIDED JANUARY 8, 2008. MELTON, Justice. In accordance with OCGA § 48-5-511 (a) and (b), Georgia Power Company provided a 2003 return to the State Revenue Commissioner (Commissioner) and the State Board of Equalization (State Board) showing approximately $8.8 […]

530 S.E.2d 718 GRIFFIES v. COWETA COUNTY et al. S00A0130.Supreme Court of Georgia. DECIDED: May 30, 2000. SEARS, Justice. The questions raised in this case concern the authority of an elected official to provide “store-bought” water for her employees, as well as the authority of the trial court to provide attorney fees to fund litigation […]

344 S.E.2d 652 BANKS v. WELLS. 43299.Supreme Court of Georgia. DECIDED JUNE 25, 1986. RECONSIDERATION DENIED JULY 16, 1986. WELTNER, Justice. Wells brought a contempt action against his former wife for failure to pay to him a sum of approximately $5,000, pursuant to a divorce decree. The trial court found Mrs. Banks in contempt of […]

425 S.E.2d 655 POOLE v. THE STATE. S92A1218.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1993. HUNT, Presiding Justice. Willington Poole, a Lithonia police officer, appeals his conviction, following a jury trial, of the felony of violating his oath as a public officer, OCGA § 16-10-1. He challenges, for vagueness, the constitutionality of that statute as […]

343 S.E.2d 483 THE STATE v. HARRIS. 43040.Supreme Court of Georgia. DECIDED MAY 28, 1986. SMITH, Justice. The appellee, Ricky Lamar Harris, shared a house with Warren Favors. Favors failed to return home for three days and Harris called Favors’ mother in Ohio. She told Harris to contact the authorities. Harris contacted the sheriff’s office […]

263 S.E.2d 913 ROSS v. THE STATE. 35568.Supreme Court of Georgia.SUBMITTED NOVEMBER 2, 1979. DECIDED FEBRUARY 5, 1980. NICHOLS, Chief Justice. Freddie D. Ross appeals his conviction for the murder of Johnny Jack Robinson. The state sought the death penalty but the jury returned a verdict of life imprisonment. The jury heard evidence authorizing the […]

426 S.E.2d 547 HEAD v. THE STATE. S92A1249.Supreme Court of Georgia. DECIDED FEBRUARY 25, 1993. SEARS-COLLINS, Justice. The appellant, Keevin Cornelius Head, was convicted and sentenced for the malice murder of Carol Williams Murdaugh, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony.[1] For the […]

642 S.E.2d 46 MERRY v. WILLIAMS et al. No. S06A1690.Supreme Court of Georgia. DECIDED FEBRUARY 5, 2007. CARLEY, Justice. The act consolidating the City of Augusta and Richmond County governments (Consolidation Act), as amended, provides for a commission which shall consist of a mayor and ten commissioners. Ga. L. 1997, pp. 4690, 4691; Ga. L. […]

612 S.E.2d 287 FOLSOM et al. v. CITY OF JASPER et al. S05A0021.Supreme Court of Georgia. DECIDED: APRIL 26, 2005. FLETCHER, Chief Justice. Scarlett Folsom appeals from an order of the Pickens County Superior Court affirming the City of Jasper’s decision to suspend Folsom’s liquor license for thirty days and impose a one-year probationary period. […]

232 S.E.2d 916 CASEY et al. v. LANDRUM et al. 31779.Supreme Court of Georgia.ARGUED JANUARY 11, 1977. DECIDED JANUARY 28, 1977. PER CURIAM. Appellant property owners sought a mandamus absolute against local taxing officials of Polk County and the State Revenue Commissioner concerning the performance of their duties. The complaint alleged discriminatory practices and lack […]

225 S.E.2d 421 ALDRIDGE v. THE STATE. 30951.Supreme Court of Georgia.ARGUED APRIL 12, 1976. DECIDED APRIL 20, 1976. REHEARING DENIED MAY 4, 1976. NICHOLS, Chief Justice. Glen Aldridge was indicted, tried and convicted of the offenses of armed robbery and murder. He received a life sentence for the murder conviction and a sentence of three […]

436 S.E.2d 632 JACKSON v. THE STATE. S93C1182.Supreme Court of Georgia. DECIDED OCTOBER 5, 1993. PER CURIAM. The petition for certiorari in this case is dismissed as moot. All the Justices concur, except Sears-Collins, J., who dissents. SEARS-COLLINS, Justice, dissenting. For the following reasons, I conclude the majority has erred in dismissing the petition for […]

507 S.E.2d 433 IN THE MATTER OF HUGH ROBERT WOODALL. S98Y1125.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. PER CURIAM. This disciplinary proceeding is before the Court on the special master’s report on respondent Hugh Robert Woodall’s default for failure to file a timely answer to the Formal Complaint filed against him by the State […]