Category: Georgia Supreme Court Opinions

528 S.E.2d 512 GRANT v. THE STATE. S99G1267.Supreme Court of Georgia. DECIDED: MARCH 13, 2000. THOMPSON, Justice. We reverse the judgment of the Court of Appeals in Grant v. State, 237 Ga. App. 892 (515 S.E.2d 872) (1999), because the record conclusively shows, and the State concedes, that the jury oath which is mandated by […]

612 S.E.2d 304 IN THE MATTER OF JOHN L. WELSH II. S05Y1100.Supreme Court of Georgia. DECIDED: APRIL 26, 2005. PER CURIAM. This matter is before the Court on Respondent John L. Welsh II’s Petition for Voluntary Discipline. In the petition Welsh admits that he entered a plea of guilty to three misdemeanor counts of violating […]

199 S.E.2d 243 MOORE v. THE STATE. 27989.Supreme Court of Georgia.ARGUED JUNE 11, 1973. DECIDED JULY 2, 1973. REHEARING DENIED JULY 12, 1973. UNDERCOFLER, Justice. Charles Fredrick Moore was convicted of murder and sentenced to life imprisonment. He appeals from that judgment. Held: 1. The appellant gave two statements to the police officers. In one […]

227 S.E.2d 24 REID et al. v. THE STATE. 30958.Supreme Court of Georgia.SUBMITTED MARCH 22, 1976. DECIDED JUNE 22, 1976. JORDAN, Justice. This is an appeal by two brothers from convictions of armed robbery and sentences of twenty years each. The evidence at trial shows that on the afternoon of August 14, 1975, the Buz […]

536 S.E.2d 150 MOSLEY v. THE STATE. S00A1201.Supreme Court of Georgia. DECIDED: OCTOBER 10, 2000. FLETCHER, Presiding Justice. A jury found Lyndon Dechard Mosley guilty of voluntary manslaughter and felony murder in connection with the stabbing death of Ronald Gaines at Southwest DeKalb High School.[1] Mosley contends Page 882 that the offense of possession of […]

235 S.E.2d 2 HAYWOOD et al. v. HUGHES et al. 32105.Supreme Court of Georgia.ARGUED MARCH 21, 1977. DECIDED APRIL 6, 1977. REHEARING DENIED APRIL 21, 1977. JORDAN, Justice. This appeal is from a judgment dismissing a complaint for failure to state a claim upon which relief could be granted. The appellants, Willie Haywood, Hammond Usry, […]

77 S.E.2d 519 SEYMOUR v. THE STATE. 18280.Supreme Court of Georgia.ARGUED JULY 13, 1953. DECIDED SEPTEMBER 14, 1953. DUCKWORTH, Chief Justice. Sylvester Seymour was indicted for murder and convicted without a recommendation. Thereafter he filed a motion for new trial on the usual general grounds, and later filed an amendment thereto containing four special grounds. […]

202 S.E.2d 414 FITTS v. FITTS. 28323.Supreme Court of Georgia.ARGUED OCTOBER 10, 1973. DECIDED DECEMBER 3, 1973. REHEARING DENIED DECEMBER 17, 1973. PER CURIAM. On October 20, 1972, a jury in Fulton Superior Court returned a verdict in favor of Georgene Fitts in a divorce and alimony case, and on January 10, 1973, said verdict […]

277 S.E.2d 47 RAINES v. THE STATE. 37051.Supreme Court of Georgia. DECIDED APRIL 21, 1981. PER CURIAM. Enoch Raines was convicted of murdering his wife and sentenced to life imprisonment. He brings this appeal enumerating as error the trial court’s failure to give his requested charges on voluntary manslaughter and involuntary manslaughter. The defendant, Enoch […]

241 S.E.2d 837 CALLAWAY et al. v. ARRINGTON et al.; and vice versa. 32805, 32806.Supreme Court of Georgia.ARGUED SEPTEMBER 21, 1977. DECIDED JANUARY 24, 1978. JORDAN, Justice. The issues in this appeal and cross appeal are controlled by the rulings made in Callaway v. Carswell, 240 Ga. 579 (1978). Judgment affirmed on the main appeal […]

175 S.E.2d 653 TURNER v. SMITH, Warden. 25815.Supreme Court of Georgia.SUBMITTED MAY 12, 1970. DECIDED JUNE 9, 1970. NICHOLS, Justice. This is a petition for a writ of habeas corpus in which it is alleged that the petitioner prisoner was indicted and convicted by illegally constituted grand and trial juries. The defendant was convicted on […]

104 S.E.2d 915 PRATT et al. v. WILSON TRUCKING COMPANY, INC., et al. 20154.Supreme Court of Georgia.ARGUED JULY 16, 1958. DECIDED SEPTEMBER 5, 1958. The judgment of the court below dismissing the petition, upon motion duly made by the defendants, was not error for any reason assigned. ARGUED JULY 16, 1958 — DECIDED SEPTEMBER 5, […]

656 S.E.2d 144 WILLIAMS v. THE STATE. No. S08A0014.Supreme Court of Georgia. DECIDED JANUARY 8, 2008. RECONSIDERATION DENIED FEBRUARY 11, 2008. THOMPSON, Justice. Danny Williams was convicted of murder and other crimes and sentenced to life plus five years in prison. His convictions were affirmed on appeal, Williams v. State, 270 Ga. 125 (508 SE2d […]

300 S.E.2d 301 WILLIAMS v. THE STATE. 38922.Supreme Court of Georgia. DECIDED FEBRUARY 16, 1983. HILL, Chief Justice. Harold Glenn Williams was convicted of burglary and murder and received twenty years for the burglary and the death penalty for the murder. His trial was conducted under the Unified Appeal procedures set out at 246 Ga. […]

165 S.E.2d 730 O’LEARY v. SMITH. 24951.Supreme Court of Georgia.SUBMITTED DECEMBER 9, 1968. DECIDED JANUARY 9, 1969. UNDERCOFLER, Justice. The appeal in this case is from a judgment of the trial court denying a motion to set aside a judgment of the Superior Court of Wayne County, Georgia, because of the alleged denial of a […]

465 S.E.2d 279 COLTON v. THE STATE S95A1589Supreme Court of Georgia. DECIDED JANUARY 8, 1996 FLETCHER, Presiding Justice. A jury convicted Bradley R. Colton of the murder of Barbara Ann Wheeler, his estranged wife, and Charles Brooks, her boyfriend’s brother, and the aggravated assault and battery of Michael Steven Brooks, Wheeler’s boyfriend.[1] Following the penalty […]

227 S.E.2d 8 PAGE v. THE STATE. 30945.Supreme Court of Georgia.ARGUED APRIL 12, 1976. DECIDED JUNE 8, 1976. JORDAN, Justice. Appellant, a 74-year-old man, was convicted of the shooting death of a 60-year-old woman with whom he was allegedly having an affair. From a conviction of murder and a life sentence, he now appeals. 1. […]

251 S.E.2d 543 ROBERTS v. TOMLINSON, INC. 34253.Supreme Court of Georgia.SUBMITTED NOVEMBER 10, 1978. DECIDED JANUARY 4, 1979. HALL, Justice. This appeal is brought by the Fulton County Tax Commissioner from an April 7, 1978 order of the Fulton County Superior Court. Taxpayer, Tomlinson, Inc., had brought a declaratory judgment action seeking a ruling that […]

21 S.E.2d 853 VINES v. THE STATE ex rel. BOYKIN, solicitor-general. 14239.Supreme Court of Georgia. SEPTEMBER 15, 1942. REID, Chief Justice. This case is on exceptions to a judgment of Fulton superior court in a contempt proceeding brought by the State of Georgia ex. rel. John A. Boykin, solicitor general, against Mrs. M. S. Vines, […]

89 S.E.2d 165 McCLUNG et al. v. McCLUNG. 19053.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1955. DECIDED SEPTEMBER 13, 1955. HAWKINS, Justice. The plaintiffs in error having executed, as sureties, a bond given by the defendant to the plaintiff in an alimony proceeding, obligating the defendant to comply with the judgment and decree of the court […]

218 S.E.2d 785 BROWN v. RICKETTS. 29981.Supreme Court of Georgia.SUBMITTED MAY 23, 1975. DECIDED SEPTEMBER 11, 1975. PER CURIAM. The sole issue in this habeas corpus appeal is whether petitioner was denied a direct appeal from his criminal conviction due to ineffective assistance of counsel. The record shows that appellant, represented by appointed counsel, was […]

130 S.E.2d 223 PEARL OPTICAL, INC. v. PEARLE OPTICAL OF GEORGIA, INC. et al. 21960.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1963. DECIDED MARCH 7, 1963. QUILLIAN, Justice. Pearle Optical of Georgia, Inc., and Pearle Optical of Monroeville, Inc., brought suit for injunction in the Floyd Superior Court against Pearl Optical, Inc. The petition Page 702 […]

189 S.E.2d 402 MOORE v. CALDWELL. 27145.Supreme Court of Georgia.SUBMITTED APRIL 10, 1972. DECIDED MAY 3, 1972. GRICE, Presiding Justice. The appellant, who pled guilty to rape and was sentenced to ten years confinement, contends in his petition that with all earned good-time and extra good-time he would have completed such sentence prior to the […]

22 S.E.2d 136 ALLEN v. ALLEN. 14194.Supreme Court of Georgia. SEPTEMBER 21, 1942. REHEARING DENIED OCTOBER 14, 1942. Rulings on demurrers to petition in action for divorce, alimony and fee. No. 14194. SEPTEMBER 21, 1942. REHEARING DENIED OCTOBER 14, 1942. Divorce and alimony. Before Judge Hendrix. Fulton superior court. March 26, 1942. R. B. Pullen […]

345 S.E.2d 349 BOUY, HALL HOWARD ASSOCIATES v. SAVANNAH AIRPORT COMMISSION. 43333.Supreme Court of Georgia. DECIDED JULY 16, 1986. WELTNER, Justice. Bouy, Hall and Howard and Associates, a partnership, operates a motel at the Savannah airport on property owned by the airport commission, under the terms of a lease agreement which extends to the partnership […]

496 S.E.2d 719 SHIELDS v. THE STATE. S97A1962.Supreme Court of Georgia. DECIDED MARCH 9, 1998. FLETCHER, Presiding Justice. A jury convicted William Webster Shields of murder and arson in the death of Thomas Kidwell.[1] He appeals and contends that the trial Page 178 court improperly admitted a statement made after he invoked his right to […]

118 S.E.2d 469 BRYANT et al. v. HAYGOOD et al. 21093.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1961. DECIDED FEBRUARY 9, 1961. CANDLER, Justice. Walter C. Haygood and Mrs. Margaret S. Haygood filed a petition for interpleader and for certain injunctive relief against D. C. Cordle, a contractor, and several other named persons who supplied him […]

272 S.E.2d 308 GRESHAM v. THE STATE (two cases). 36646, 36647.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1980. DECIDED OCTOBER 22, 1980. NICHOLS, Justice. The appellant was tried and convicted for murder. He filed a pro se notice of appeal and a motion to appoint counsel to prosecute his appeal. The trial court appointed counsel who […]

511 S.E.2d 190 ROUNDTREE v. THE STATE. S99A0111.Supreme Court of Georgia. DECIDED: FEBRUARY 8, 1999. CARLEY, Justice. The grand jury indicted Palmer Roundtree for the following offenses: one count of malice murder, along with alternative counts of felony murder-possession of a firearm by a convicted felon and felony murder-aggravated assault; separate counts of possession of […]

179 S.E.2d 51 TINGLE v. TINGLE et al. 26159.Supreme Court of Georgia.ARGUED NOVEMBER 10, 1970. DECIDED DECEMBER 3, 1970. REHEARING DENIED DECEMBER 17, 1970. 1. The transaction here was a sale of real estate with option to repurchase. 2. Formal tender was not required as a condition for the exercise of such option under the […]

512 S.E.2d 632 IN THE MATTER OF MICHAEL HOWARD BOOTH. S98Y1776.Supreme Court of Georgia. DECIDED: FEBRUARY 22, 1999. PER CURIAM. Michael Howard Booth has petitioned this Court for the Page 540 voluntary surrender of his license to practice law in this state. The State Bar of Georgia recommends this Court accept Booth’s petition. Booth admits […]

205 S.E.2d 223 BRYANT v. BRYANT. 28526.Supreme Court of Georgia.ARGUED JANUARY 14, 1974. DECIDED APRIL 23, 1974. GUNTER, Justice. This appeal results from a judgment which dismissed appellant-father’s action to quash an execution issued on an alimony judgment and to enjoin the enforcement of the execution against the property of the appellant. In 1957 the […]

619 S.E.2d 599 LETT et al. v. ALDERMAN et al. S05A1222.Supreme Court of Georgia. DECIDED SEPTEMBER 19, 2005. BENHAM, Justice. In May 2004, appellees Barbara Alderman and Richard and Audrey Daniel filed a petition seeking to establish title against all the world to a certain .05-acre parcel of land in the City of Porterdale in […]

163 S.E.2d 695 WATTS v. THE STATE. 24744.Supreme Court of Georgia.SUBMITTED JULY 9, 1968. DECIDED SEPTEMBER 24, 1968. 1[.] The statute defining shoplifting (Ga. L. 1957, p. 115; Code Ann. § 26-2640) is not unconstitutional for vagueness. 2. The trial court did not err in denying the defendant’s motion for new trial. 3. The trial […]

203 S.E.2d 171 LOWRY v. NORRIS LAKE SHORES DEVELOPMENT CORPORATION. 28345.Supreme Court of Georgia.SUBMITTED OCTOBER 10, 1973. DECIDED JANUARY 7, 1974. The provision in the deed in question constitutes a covenant running with the land. SUBMITTED OCTOBER 10, 1973 — DECIDED JANUARY 7, 1974. Equitable petition. Gwinnett Superior Court. Before Judge Pittard. Herbert T. Jenkins, […]

150 S.E.2d 615 BROWN v. BROWN; and vice versa. 23594, 23595.Supreme Court of Georgia.ARGUED JULY 14, 1966. DECIDED SEPTEMBER 8, 1966. 1. The trial judge did not abuse his discretion in awarding the minor son of the parties to the father. 2. The charge given on the discretion of the jury in awarding alimony was […]

147 S.E.2d 427 CTC FINANCE CORPORATION v. HOLDEN. 23263.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1966. DECIDED FEBRUARY 23, 1966. Superior and city courts are not required to conform with provisions of Georgia Laws 1959, p. 353, in their judgments granting new trials. That Act is merely directory and as an amendatory statute it is invalid […]

241 S.E.2d 199 CITY COUNCIL OF AUGUSTA v. CARPENTER et al. 32949.Supreme Court of Georgia.ARGUED NOVEMBER 16, 1977. DECIDED JANUARY 3, 1978. NICHOLS, Chief Justice. The appellees are owners of certain property in the City of Augusta upon which a grocery store was operated from 1947 until 1975. In 1952 when the zoning ordinance was […]

164 S.E.2d 780 WATTS v. CANNON, Sheriff. 24917.Supreme Court of Georgia.SUBMITTED NOVEMBER 12, 1968. DECIDED NOVEMBER 21, 1968. UNDERCOFLER, Justice. This appeal is from a judgment in a habeas corpus action remanding the petitioner to the custody of the respondent. The petitioner contends that he is being illegally detained under a sentence for larceny from […]

560 S.E.2d 656 HAYES v. THE STATE. S01A1818.Supreme Court of Georgia. DECIDED: FEBRUARY 25, 2002. HINES, Justice. Roger Dale Hayes appeals his convictions for malice murder, burglary, kidnapping, and theft by taking in connection with the fatal stabbings of his father, Joseph Roger Hayes, and of his stepmother, Kathy Rosemary Hayes. His sole challenge is […]

133 S.E.2d 874 ROSSVILLE CRUSHED STONE, INC. v. MASSEY. 22200.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1963. DECIDED NOVEMBER 13, 1963. 1. The striking of the defendant’s plea to the jurisdiction was erroneous. 2. The overruling of the demurrer attacking the trial court’s jurisdiction of the alleged cause of action was likewise erroneous. SUBMITTED SEPTEMBER 11, […]

335 S.E.2d 288 MILNER et al. v. BIVENS. 42611.Supreme Court of Georgia. DECIDED OCTOBER 17, 1985. MARSHALL, Presiding Justice. Appellee-plaintiff, Bivens, is trustee of the residuary trust of Lynn C. Stephens. Stephens was successor-in-interest to R. L. and C. J. Smith, who were grantees in a 1910 conveyance by Annie E. Milner. Appellants-defendants, Milner and […]

524 S.E.2d 452 WEATHERBED v. THE STATE. S99A1222.Supreme Court of Georgia. DECIDED: NOVEMBER 22, 1999. HINES, Justice. Weatherbed appeals the trial court’s denial of his motion for an out-of-time appeal. For the reasons which follow, we reverse. On October 20, 1995 Weatherbed pled guilty to an accusation for malice murder and was sentenced to life […]

640 S.E.2d 9 MANLEY v. THE STATE. No. S06A1591.Supreme Court of Georgia. DECIDED JANUARY 8, 2007. MELTON, Justice. On September 12, 2005, Charles Travis Manley was indicted in Harris County for, among other things, murder in connection with the 1987 abduction and killing of Vieng Phovixay. On October 3, 2005, Manley filed a plea in […]

127 S.E.2d 467 MORRIS v. CREEL et al. 21722.Supreme Court of Georgia.SUBMITTED JULY 10, 1962. DECIDED SEPTEMBER 6, 1962. REHEARING DENIED SEPTEMBER 18, 1962. DUCKWORTH, Chief Justice. This is an alleged action for a money judgment, attorney fees, and to set aside an order of the court as null and void as based upon fraud […]

285 S.E.2d 530 EVERSON et al. v. FRANKLIN DISCOUNT COMPANY et al. 38003.Supreme Court of Georgia. DECIDED JANUARY 5, 1982. REHEARING DENIED JANUARY 27, 1982. WELTNER, Justice. The Eversons brought this action against Franklin Discount Co. (Franklin Discount) and Union Security Life Insurance Co. (Union Security) seeking reformation of a contract of insurance between Pearlie […]

218 S.E.2d 165 REEVES v. THE STATE. 30093.Supreme Court of Georgia.SUBMITTED JUNE 20, 1975. DECIDED SEPTEMBER 3, 1975. JORDAN, Justice. Appellant Gary Reeves was convicted of the murder of Grace Reeves, sentenced to life imprisonment, and appeals. Appellant and the deceased had lived together as common law husband and wife for five years. On the […]

579 S.E.2d 728 LOWE v. THE STATE. S03A0511.Supreme Court of Georgia. Decided April 29, 2003 CARLEY, Justice. After a jury found Cora Mae Lowe guilty of felony murder during commission of aggravated battery, the trial court sentenced her to life imprisonment. She filed a consolidated motion in arrest of judgment and for new trial, which […]

173 S.E.2d 197 TRAMMELL v. THOMAS. 25551.Supreme Court of Georgia.SUBMITTED DECEMBER 8, 1969. DECIDED FEBRUARY 19, 1970. The court erred in granting the motion of the defendant for a summary judgment and in rendering the judgment decreeing the title to the land involved to be in the defendant and Page 149 enjoining the plaintiff from […]

53 S.E.2d 365 LONG v. THE STATE. 16534.Supreme Court of Georgia. MAY 11, 1949. HEAD, Justice. 1. Ground one of the defendant’s motion for new trial contends that the court erred in allowing an officer to relate statements made by Pressley (who was jointly indicted with the defendant for murder), which statements were made in […]

359 S.E.2d 910 HUFFMAN v. THE STATE. 44476.Supreme Court of Georgia. DECIDED SEPTEMBER 10, 1987. HUNT, Justice. Paul Lewis Huffman was tried by a jury and convicted of attempted armed robbery and attempted kidnapping of Bruce Miller, conspiracy to traffic in cocaine, conspiracy to traffic in marijuana, and the felony murder of Ricky Holland. He […]

158 S.E.2d 251 COLONIAL MANOR MOTEL, INC. et al. v. CROSSROADS CONSTRUCTION COMPANY, INC. et al. 24359.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1967. DECIDED NOVEMBER 22, 1967. REHEARING DENIED DECEMBER 7, 1967. DUCKWORTH, Chief Justice. This case sounds in tort, usury, accounting and equity, seeking to set aside certain security deeds and to secure a […]

92 S.E.2d 524 SOWELL, Next Friend, et al. v. SOWELL. 19266.Supreme Court of Georgia.SUBMITTED FEBRUARY 14, 1956. DECIDED APRIL 10, 1956. The petition in the present case failed to state a cause of action because of the lack of an indispensable party, and the judgment of the trial judge dismissing the petition on general demurrer […]

146 S.E.2d 630 WILLIAMS et al. v. RIO GRANDE FENCE COMPANY. 23287.Supreme Court of Georgia.SUBMITTED DECEMBER 14, 1965. DECIDED JANUARY 6, 1966. CANDLER, Presiding Justice. On July 16, 1965, Rio Grande Fence Company, a Georgia corporation, filed a suit in the Superior Court of Bibb County against Jack R. Williams, a resident of Bibb County, […]

84 S.E.2d 195 BOATRIGHT et al. v. YATES, Superintendent, et al. 18733.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1954. DECIDED OCTOBER 13, 1954. CANDLER, Justice. The petition in this case contains two counts. In substance, count one alleges that the Carroll County Board of Education on February 2, 1954, during a regular meeting of the board, […]

49 S.E.2d 819 CHEEK v. WHITE, Chairman, et al. 16337.Supreme Court of Georgia. OCTOBER 11, 1948. CANDLER, Justice. Cheek applied to the Chief Building Inspector of Fulton County for a use and occupancy permit respecting certain lands which he owned in a section of the county zoned for residential purposes. He sought permission to use […]

164 S.E.2d 816 MIZE v. RAMPEY et al.; and vice versa. 24928, 24929.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1968. DECIDED NOVEMBER 21, 1968. DUCKWORTH, Chief Justice. Both the appeal and cross appeal are from judgments which would have been final if rendered as claimed by the appellant and cross appellant. However, the lower court did […]

561 S.E.2d 119 DAVIS v. THE STATE. S02A0103.Supreme Court of Georgia. DECIDED: MARCH 11, 2002. THOMPSON, Justice. This case is before the court from the denial of a motion to withdraw a guilty plea filed outside the term of court in which it was entered. We hold that the trial court was without jurisdiction to […]

162 S.E.2d 719 GIBSON v. GIBSON. 24731.Supreme Court of Georgia.ARGUED JULY 8, 1968. DECIDED JULY 16, 1968. GRICE, Justice. This appeal is from the denial of appellant’s motion for new trial. The case was not reported, counsel could not agree as to the evidence, and the court was unable to remember it. Hence, there is […]

104 S.E.2d 574 STATE OF GEORGIA et al. v. COCA-COLA BOTTLING CO. 20095.Supreme Court of Georgia.ARGUED JUNE 10, 1958. DECIDED JULY 11, 1958. REHEARING DENIED JULY 22, 1958. The first portion of Code (Ann.) § 92-3113 (Ga. L. 1950, pp. 299, 300) subjects all corporations owning property or doing business in this State, from which […]

677 S.E.2d 71 CARTER v. THE STATE (two cases). Nos. S09A0233, S09A0234.Supreme Court of Georgia. DECIDED APRIL 28, 2009. RECONSIDERATION DENIED MAY 18, 2009. THOMPSON, Justice. Appellants Valerie Johnson Carter and James Carter were jointly indicted, tried, and convicted for felony murder, with the underlying felony of distribution of oxycodone, in connection with the death […]

553 S.E.2d 606 CASTLEBERRY v. THE STATE. S01A1042.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 HINES, Justice. A jury found Willie Marion Castleberry guilty of felony murder, armed robbery, and aggravated assault in connection with the fatal shooting of service station operator Eugene McCorkle Johnson. Castleberry appeals his convictions, claiming error in the trial court’s […]

306 S.E.2d 662 SELLS v. EILENDER. 40061.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1983. CLARKE, Justice. Former wife appeals from the final order of the trial court in a contempt action. The parties signed an agreement which became part of a final decree of divorce. Under the agreement the former husband was obligated to pay […]

146 S.E.2d 751 VEAL et al. v. SMITH et al., Members of Board of Education of Washington County. 23299.Supreme Court of Georgia.ARGUED JANUARY 10, 1966. DECIDED JANUARY 18, 1966. CANDLER, Presiding Justice. On January 2, 1920, and for a consideration of $600, W. H. Franklin and L. A. Gladdin conveyed to W. H. Avant and […]

184 S.E.2d 150 NELSON v. SMITH. 26637.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1971. DECIDED OCTOBER 7, 1971. FELTON, Justice. This appeal is from an order in a habeas corpus proceeding remanding the appellant to the custody of the Warden of the Putnam County Correctional Institution. 1. Appellant enumerates as error alleged prejudice against him on […]

448 S.E.2d 361 ARMSTRONG v. THE STATE. S94A0841.Supreme Court of Georgia. DECIDED OCTOBER 3, 1994. BENHAM, Presiding Justice. This appeal is from appellant’s conviction of murder.[1] He complains on appeal that the evidence was insufficient to convict, that the trial court erred in permitting eyewitnesses to identify him at trial, and that the trial court’s […]

554 S.E.2d 132 PRYOR ORGANIZATION, INC. v. STEWART. S01A1174.Supreme Court of Georgia. DECIDED: October 1, 2001 CARLEY, Justice. For a number of years, Pryor Organization, Inc. (Pryor) engaged in the bail bond business in Spalding County. In January of 2001, however, the newly elected Sheriff of Spalding County Dee Stewart informed Pryor that he would […]

224 S.E.2d 378 THE STATE v. GAITHER et al. 30829.Supreme Court of Georgia.SUBMITTED FEBRUARY 16, 1976. DECIDED MARCH 16, 1976. UNDERCOFLER, Presiding Justice. This appeal is from the ruling of the Criminal Court of Fulton County which held that Code § 26-2012 (Ga. L. 1968, pp. 1249, 1301) is unconstitutional as enforced in the City […]

610 S.E.2d 35 REED v. THE STATE. S04A1511.Supreme Court of Georgia. March 7, 2005. HINES, Justice. Ronald Reed was convicted of malice murder, cruelty to a child in the second degree, possession of a firearm during the commission of a felony, and tampering with evidence in connection with the fatal shooting of his sometime girlfriend, […]

105 S.E.2d 896 WOODS v. THE STATE. 20225.Supreme Court of Georgia.SUBMITTED OCTOBER 16, 1958. DECIDED NOVEMBER 7, 1958. HAWKINS, Justice. Henry R. Woods was convicted without recommendation, in Fulton Superior Court, of the murder of Joy Lee McCord. To the judgment denying a motion for new trial based on the general grounds only, the defendant […]

66 S.E.2d 223 LEE v. GARLAND. 17512.Supreme Court of Georgia.SUBMITTED JUNE 12, 1951. DECIDED JULY 9, 1951. REHEARING DENIED JULY 24, 1951. CANDLER, Justice. Otis K. Lee filed a suit for equitable relief in the Superior Court of Fulton County against Reuben Garland. The petition in substance alleges: The plaintiff was indicted for murder on […]

417 S.E.2d 153 IN THE MATTER OF ROBERT L. BENNETT, JR. SUPREME COURT DISCIPLINARY NO. 971.Supreme Court of Georgia. DECIDED MAY 8, 1992. PER CURIAM. Respondent Robert L. Bennett, Jr., has petitioned for voluntary surrender of his license to practice law in the State of Georgia. The petition is based upon an admission of violations […]

415 S.E.2d 906 CHAFFIN et al. v. CALHOUN et al. S92A0012.Supreme Court of Georgia. DECIDED MAY 6, 1992. CLARKE, Chief Justice. This is an appeal from an interlocutory injunction requiring the Sheriff of Henry County to cooperate in the implementation of a plan to transfer personnel and equipment to the newly created county police department. […]

508 S.E.2d 639 KETCHUM ET AL. v. WHITFIELD COUNTY ET AL. S98A0785.Supreme Court of Georgia. DECIDED OCTOBER 26, 1998 — RECONSIDERATION DENIED NOVEMBER 20, 1998. HINES, Justice. Plaintiff property owners, Ketchum and Foster, appeal from the denial of their petition for a permanent injunction in a dispute with Whitfield County over a 60 by 40 […]

578 S.E.2d 424 HARP v. PRYOR. S02A1474.Supreme Court of Georgia. Decided March 24, 2003 HINES, Justice. Douglas Harp appeals from an order on his “Petition for Executor to Distribute Estate Property.” For the reasons that follow, we reverse. Doris Landers Harp died on February 6, 2000. Under her will dated April 12, 1999, the three […]

146 S.E.2d 722 WEBB v. WHITLEY et al., Trustees. 23211.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1965. DECIDED JANUARY 6, 1966. MOBLEY, Justice. The appellant, Mrs. Ruby M. Webb, was awarded a widow’s pension payable monthly, it being paid from September 1952, until December 1953, at which time the amount was reduced pursuant to action taken […]

81 S.E.2d 458 MERCER v. FOSTER. 18529.Supreme Court of Georgia.SUBMITTED MARCH 8, 1954. DECIDED APRIL 14, 1954. 1. A duly authenticated record, showing that a witness pleaded guilty to a criminal offense involving moral turpitude and received a sentence, is admissible in evidence for the purpose of impeachment. 2. A final decree of a court […]

24 S.E.2d 17 MORGAN v. MOUNT, sheriff. 14385.Supreme Court of Georgia. JANUARY 13, 1943. JENKINS, Justice. The petitioner for habeas corpus pleaded guilty of larceny of an automobile, and was imprisoned under an unconditional written sentence of three to five years in the penitentiary. He based his petition on the ground that this sentence did […]

690 S.E.2d 609 CANTY v. THE STATE. S09G1465.Supreme Court of Georgia. DECIDED MARCH 1, 2010. MELTON, Justice. In Canty v. State, 297 Ga. App. 725 (678 SE2d 169) (2009), the Court of Appeals affirmed Alfonzo D. Canty’s convictions for criminal attempt to commit armed robbery and aggravated assault. Among other things, the Court of Appeals […]

399 S.E.2d 198 KING v. THE STATE. S90A1468.Supreme Court of Georgia. DECIDED JANUARY 10, 1991. HUNT, Justice. Helena King stabbed her former boyfriend, Lawrence Lemon, and his then girl friend, Rosalyn Cummings. Lemon survived, but Cummings died. Following a jury trial, King was convicted of felony murder for killing Cummings, and aggravated assault for stabbing […]

165 S.E.2d 145 MONTGOMERY v. THE STATE. 24911.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1968. DECIDED DECEMBER 5, 1968. 1. The jury was not required to disregard entirely the testimony of the only witness who testified that she witnessed the homicide, even though she had sworn falsely in connection with the same issue, since the jury […]

71 S.E.2d 221 BLACKSTON v. THE STATE. 17844.Supreme Court of Georgia.SUBMITTED MAY 12, 1952. DECIDED JUNE 9, 1952. DUCKWORTH, Chief Justice. 1. Where, on a hearing of a motion for a continuance before the jury has been empaneled, the court engages in a colloquy with the solicitor-general and remarks are made within the hearing of […]

331 S.E.2d 551 BILBREY v. THE STATE. 41978.Supreme Court of Georgia. DECIDED JULY 2, 1985. REHEARING DENIED JULY 24, 1985. CLARKE, Justice. This court granted Bilbrey’s interlocutory application to appeal an order of the superior court overruling his motion to quash two counts in a four-count indictment for second degree vehicular homicide. The indictment arises […]

169 S.E.2d 309 FINCHER v. FROST et al.; and vice versa. 25218, 25219.Supreme Court of Georgia.ARGUED JUNE 11, 1969. DECIDED JULY 10, 1969. 1. The judge pro tempore was without authority to hear the case originating in the Juvenile Court of Bibb County, and the judgment in that case is reversed. 2. It was error […]

177 S.E.2d 243 MARTIN v. DEPARTMENT OF PUBLIC SAFETY et al. 26072.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1970. DECIDED SEPTEMBER 24, 1970. PER CURIAM. The plaintiff filed a petition in which he sought to enjoin the Department of Public Safety and named officers thereof from revoking his automobile operator’s permit after his alleged refusal to […]

185 S.E.2d 770 LUMPKIN v. THE STATE. 26830.Supreme Court of Georgia.SUBMITTED NOVEMBER 9, 1971. DECIDED NOVEMBER 18, 1971. NICHOLS, Justice. This appeal arises from a conviction of rape and sentence to life imprisonment. Enumerated as Page 392 error are the admission of evidence of another crime by the defendant and instructions to the jury relating […]

219 S.E.2d 160 HENDERSON v. HENDERSON. 30206.Supreme Court of Georgia.SUBMITTED AUGUST 8, 1975. DECIDED SEPTEMBER 23, 1975. UNDERCOFLER, Presiding Justice. Appellant complains that his wife was not entitled to a divorce on the ground that he was sentenced to over two years imprisonment for an offense involving moral turpitude. Code Ann. § 30-102. He was […]

211 S.E.2d 718 McCORD v. McCORD. 29275.Supreme Court of Georgia.SUBMITTED OCTOBER 4, 1974. DECIDED JANUARY 7, 1975. PER CURIAM. Turner Ashby McCord, Jr. appeals from a judgment of the Superior Court of Peach County holding him in wilful contempt for failure to pay alimony to the appellee Martha Ellen Ginn McCord during the months of […]

93 S.E.2d 569 GROGAN, Administrator, v. BANK OF ACWORTH et al. 19312.Supreme Court of Georgia.ARGUED MAY 14, 1956. DECIDED JUNE 13, 1956. Where, pursuant to an order of the court, a response is filed to a bill for interpleader, and a general demurrer to such response is overruled, the overruling of such demurrer can not […]

54 S.E.2d 626 ELVINE v. THE STATE. 16697.Supreme Court of Georgia. JULY 11, 1949. WYATT, Justice. 1. The evidence was amply sufficient to prove the corpus delicti. 2. In order to authorize a conviction of murder, a confession must be corroborated by other evidence. This requirement is fully met, so as to authorize a conviction, […]

181 S.E.2d 363 BONZHEIM v. BONZHEIM. 26412.Supreme Court of Georgia.ARGUED MARCH 8, 1971. DECIDED APRIL 8, 1971. FELTON, Justice. This appeal is from the grant of a modification of a temporary order in a divorce and alimony case. The notice of appeal was filed in the trial court clerk’s office on January 18, 1971. The […]

260 S.E.2d 82 ORR v. COUCH. 35309.Supreme Court of Georgia.SUBMITTED AUGUST 31, 1979. DECIDED SEPTEMBER 26, 1979. MARSHALL, Justice. This appeal is from a judgment that denied the appellant’s pro se application to the clerk of court for a copy of warrant, indictment, sentence and transcript of his conviction of armed robbery based upon a […]

161 S.E.2d 509 SATURDAY v. SATURDAY. 24521.Supreme Court of Georgia.ARGUED MARCH 11, 1968. DECIDED APRIL 9, 1968. A claim made or position taken in a former action or judicial proceeding will generally estop the party to make an inconsistent claim or to take a conflicting position in a subsequent action or judicial proceeding to the […]

471 S.E.2d 887 RAY v. THE STATE S96A0955.Supreme Court of Georgia. DECIDED JULY 1, 1996. HUNSTEIN, Justice. Lance Ray was convicted of malice murder in the stabbing death of Ilene Ray, his wife, and was sentenced to life in prison.[1] Ray appeals, contending that the trial court erred by admitting a videotape Page 897 which […]

560 S.E.2d 17 LAWRENCE v. THE STATE. S01A1677.Supreme Court of Georgia. DECIDED: FEBRUARY 25, 2002. BENHAM, Justice. This is an appeal from Marlin Lawrence’s convictions for felony murder and possession of a firearm during commission of a felony.[1] Finding no error, we affirm. 1. The evidence at trial showed that Lawrence fired a pistol from […]

57 S.E.2d 192 THOMAS v. CITY OF CAIRO. 16890.Supreme Court of Georgia. JANUARY 11, 1950. WYATT, Justice. The City of Cairo adopted an ordinance which, after reciting the necessity of condemning certain property for the purpose of constructing an impounding lagoon to take care of certain waste products of Cairo Pickle Company, provided as follows: […]

9 S.E.2d 251 STATE BOARD OF PENAL CORRECTIONS v. JOHNSON, sheriff. 13213.Supreme Court of Georgia. MAY 15, 1940. 1. Refusal in writing by a judge of the superior court to grant a rule nisi on an extraordinary motion for new trial based on newly discovered evidence, because of absence of the required supporting affidavits, is […]