Category: Georgia Supreme Court Opinions

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 […]

82 S.E.2d 850 CITY OF ATLANTA v. FULTON COUNTY et al. 18581.Supreme Court of Georgia.ARGUED MAY 11, 1954. DECIDED JUNE 14, 1954. REHEARING DENIED JULY 14, 1954. HAWKINS, Justice. The City of Atlanta filed a petition in the Superior Court of Fulton County to register certain land located across Pryor Road from Lakewood Park, in […]

357 S.E.2d 48 CHILDS v. THE STATE. 43955.Supreme Court of Georgia. DECIDED JUNE 18, 1987. RECONSIDERATION DENIED JULY 9, 1987. WELTNER, Justice. This is a death penalty case. Appellant, Johnnie B. Childs, was indicted in Wilcox County on two counts of murder and one count each of burglary, rape, kidnapping with bodily injury, possession of […]

100 S.E.2d 880 McELROY et al. v. McCORD, by Next Friend. 19850.Supreme Court of Georgia.ARGUED OCTOBER 14, 1957. DECIDED NOVEMBER 8, 1957. REHEARING DENIED NOVEMBER 26, 1957. DUCKWORTH, Chief Justice. 1. By reason of the failure of the act (Ga. L. 1955, p. 454) to require, as a condition precedent to the liability of the […]

40 S.E.2d 80 BOWEN v. LEWIS. 15579.Supreme Court of Georgia. OCTOBER 11, 1946. 1. The provision of the act of the General Assembly creating a Board of County Commissioners for White County, which confers upon them jurisdiction over the removal of obstructions from private ways (Ga. L. 1933, p. 762, sec. 11, par. 3), is […]

209 S.E.2d 158 CAIN v. THE STATE. 28874.Supreme Court of Georgia.SUBMITTED MAY 15, 1974. DECIDED SEPTEMBER 24, 1974. GUNTER, Justice. This is an appeal from a murder conviction and sentence to life imprisonment. The case was tried before the judge without the intervention of a jury. The written verdict rendered by the court was: “This […]

136 S.E.2d 745 POOLE et al. v. POOLE et al. 22431.Supreme Court of Georgia.SUBMITTED APRIL 13, 1964. DECIDED MAY 7, 1964. A petition for equitable partition of land was properly dismissed where it disclosed that other necessary and indispensable parties to the relief sought were not made parties. SUBMITTED APRIL 13, 1964 — DECIDED MAY […]

68 S.E.2d 573 WRIGHT v. WRIGHT. 17668.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1951. DECIDED JANUARY 15, 1952. DUCKWORTH, Chief Justice. 1. While the wife’s petition for a divorce and alimony contained allegations of her equitable interest in described real estate, and a prayer was that title be awarded to her, yet the charge did not […]

297 S.E.2d 234 LAVELLE v. THE STATE. 38908.Supreme Court of Georgia. DECIDED NOVEMBER 16, 1982. HILL, Chief Justice. Defendant was indicted for trafficking in cocaine under Code Ann. § 79A-811 (j). A white powder, weighing 56.681 grams, of which 14.3 grams was cocaine, was found in defendant’s possession. Defendant moved to quash the indictment, challenging […]

386 S.E.2d 316 ISAACS v. THE STATE. 46719.Supreme Court of Georgia. DECIDED NOVEMBER 30, 1989. RECONSIDERATION DENIED DECEMBER 20, 1989. HUNT, Justice. This is a death penalty case. The defendant, Carl J. Isaacs, was originally convicted in Seminole County and sentenced to death in 1974. His conviction and sentence were affirmed on direct appeal to […]

21 S.E.2d 605 ADCOCK et al. v. BERRY et al. 14140.Supreme Court of Georgia. JULY 15, 1942. BELL, Justice. 1. Where under a power of sale in a security deed the grantee in case of default was authorized, on compliance with certain conditions, to sell the land described in the deed to the highest bidder […]

599 S.E.2d 185 IN THE MATTER OF ERIC VANN ROSS. S04Y0844.Supreme Court of Georgia. DECIDED JULY 12, 2004. PER CURIAM. This disciplinary matter is before the Court on the Notice of Discipline filed pursuant to Bar Rule 4-208.1 against Respondent Eric Vann Ross and to which he failed to respond. After an investigation, the State […]

251 S.E.2d 278 FOOTPRESS CORPORATION et al. v. STRICKLAND. 34060.Supreme Court of Georgia.ARGUED OCTOBER 11, 1978. DECIDED DECEMBER 5, 1978. HALL, Justice. The court below granted the revenue commissioner’s motion for summary judgment in the suit for a sales tax refund by McCall Corporation and Footpress Corporation. We reverse. McCall acquired all the assets of […]

121 S.E.2d 646 GOODMAN v. BALKCOM, Warden. 21303.Supreme Court of Georgia.ARGUED JULY 10, 1961. DECIDED SEPTEMBER 7, 1961. GRICE, Justice. A certificate endorsed upon the bill of exceptions by which plaintiff in error — not counsel — stated that he had, prior to filing, served a copy of the bill of exceptions upon the Attorney-General […]

453 S.E.2d 716 JONES v. THE STATE. S94A1619.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1995. THOMPSON, Justice. Rodriguez Antonio Jones was convicted of malice murder and possession of a firearm during the commission of a crime.[1] This appeal follows the denial of his motion for a new trial. 1. After off-duty employment, Sergeant Charles Hammock, […]

144 S.E.2d 332 WILSON, Administrator v. BROWN. 23036.Supreme Court of Georgia.ARGUED JULY 13, 1965. DECIDED SEPTEMBER 9, 1965. CANDLER, Presiding Justice. J. R. Wilson, Jr., as administrator of the estate of Johnson Brown filed a suit in the Superior Court of Fulton County against Artelia Brown whereby he prayed for judgment against her for $11,794.88 […]

239 S.E.2d 19 FIRST AMERICAN BANK v. BISHOP (two cases). 32314, 32315.Supreme Court of Georgia.ARGUED MAY 11, 1977. DECIDED SEPTEMBER 29, 1977. UNDERCOFLER, Presiding Justice. These are suits by the Bishops to cancel a certain combination note, security agreement and disclosure statement given to the First American Bank. Damages are claimed also. In addition Alton […]

504 S.E.2d 704 IN THE MATTER OF WALLACE D. WASHINGTON. S98Y1569.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1998 — RECONSIDERATION DENIED OCTOBER 26, 1998. PER CURIAM. In this disciplinary proceeding the State Bar seeks and the special master recommends that respondent Wallace D. Washington be disbarred for violating various ethical standards by keeping for himself […]

96 S.E.2d 591 WILLIS, Guardian v. WILLIS, Executrix, et al. 19573.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1957. DECIDED FEBRUARY 12, 1957. MOBLEY, Justice. R. J. Willis, guardian for Cornelia Willis Bradfield, brought a petition in Troup Superior Court against Margaret Todd Willis and P. T. Hipp, Ordinary of Troup County. The petition alleged that Cornelia […]

491 S.E.2d 66 CORTHRAN v. THE STATE. S97A0796.Supreme Court of Georgia. DECIDED OCTOBER 6, 1997. FLETCHER, Presiding Justice. We granted Claude Emmett Corthran, Jr.’s application for interlocutory appeal to consider whether the trial court properly denied his motion to suppress his videotaped statement. Because Corthran gave the statement as part of a plea bargain agreement, […]

276 S.E.2d 577 HUGHES v. CONNELL. 37077.Supreme Court of Georgia. DECIDED APRIL 29, 1981. REHEARING DENIED MAY 13, 1981. Judgment affirmed without opinion pursuant to Rule 59. All the Justices concur. DECIDED APRIL 29, 1981 — REHEARING DENIED MAY 13, 1981. Injunction. Cook Superior Court. Before Judge Knight. Gignilliat Abbott, for appellant. Griffis Thomas, Tom […]

138 S.E.2d 163 BALKCOM v. CRATON. 22545.Supreme Court of Georgia.ARGUED JULY 13, 1964. DECIDED SEPTEMBER 11, 1964. The uncontradicted evidence at the habeas corpus hearing showed that the detention of the petitioner under sentences from Paulding County was legal, and the trial judge was without authority to make any other disposition of the matter except […]

269 S.E.2d 418 BRYANT et al. v. WIGLEY. 36058.Supreme Court of Georgia.SUBMITTED MARCH 21, 1980. DECIDED JUNE 17, 1980. REHEARING DENIED JULY 15, 1980. HILL, Justice. Appellee father filed an application for a writ of habeas corpus seeking return of his 10-year-old daughter who had been living a few weeks with the appellants, the child’s […]

132 S.E.2d 79 MOTE, by NEXT FRIEND v. SEITZ. 22104.Supreme Court of Georgia.SUBMITTED JULY 8, 1963. DECIDED JULY 23, 1963. CANDLER, Justice. The parties to this litigation are conterminous landowners. On the trial, they agreed and stipulated in open court that the only issue to be determined was the location of the dividing line between […]

145 S.E.2d 505 ROCHESTER v. THE STATE. 23140.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1965. DECIDED OCTOBER 11, 1965. CANDLER, Presiding Justice. Burnell P. Rochester was indicted in Haralson County for the murder of Alice H. Helton. The indictment alleges that he killed her by shooting her with a .38 caliber pistol. He was convicted of […]

373 S.E.2d 362 GIDEON v. FARLOW. 45955.Supreme Court of Georgia. DECIDED NOVEMBER 2, 1988. HUNT, Justice. William Gideon appeals the trial court’s dismissal on the pleadings of his declaratory action against his daughter, Barbara Farlow, individually and as executrix of the estate of Evelyn Gideon. We affirm. In 1982, Mr. and Mrs. Gideon entered into […]

28 S.E.2d 76 BROWN v. COLE. 14688.Supreme Court of Georgia. NOVEMBER 10, 1943. 1. A judgment may be so amended by order of the court as to make it conform to the verdict on which it is predicated. (a) The lapse of time between the rendition of the judgment in 1938 and the motion to […]

123 S.E.2d 918 BALKCOM, Warden v. TURNER. 21512.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1962. DECIDED FEBRUARY 8, 1962. The undisputed facts showed a denial of the accused’s right to counsel, and therefore the trial court’s judgment making the writ of habeas corpus absolute was correct. SUBMITTED JANUARY 9, 1962 — DECIDED FEBRUARY 8, 1962. Habeas […]

396 S.E.2d 888 JOHNSON v. THE STATE. S90A0568.Supreme Court of Georgia. DECIDED OCTOBER 18, 1990. BENHAM, Justice. This appeal is from appellant’s conviction of murder, possession of a firearm during commission of a crime, and possession of a firearm by a first offender probationer. He was sentenced to life imprisonment for murder and to five […]

577 S.E.2d 592 IN THE MATTER OF B. RENEE EDWARDS SNEAD S03Y0268.Supreme Court of Georgia. Decided February 24, 2003 PER CURIAM. This disciplinary matter is before the Court on the Notice of Discipline seeking disbarment filed against Respondent B. Renee Edwards Snead pursuant to Bar Rule 4-208.1. Because Snead provided only a post office box […]

283 S.E.2d 470 NATIONAL DISTRIBUTING COMPANY INC. et al. v. DEPARTMENT OF TRANSPORTATION. 37500.Supreme Court of Georgia. DECIDED OCTOBER 27, 1981. REHEARING DENIED NOVEMBER 12, 1981. GREGORY, Justice. We granted certiorari to consider whether the Department of Transportation of the State of Georgia (DOT) is subject to suit for damages for breach of contract. The […]

175 S.E.2d 6 SCARBOR et al. v. SCARBOR. 25724.Supreme Court of Georgia.ARGUED APRIL 13, 1970. DECIDED MAY 7, 1970. 1. The evidence not demanding a verdict for the defendant and being sufficient to support the verdict in favor of the plaintiff, it was not error to deny the motions for a judgment n.o.v. and for […]

127 S.E.2d 902 ALLEN v. ALLEN. 21755.Supreme Court of Georgia.SUBMITTED SEPTEMBER 11, 1962. DECIDED OCTOBER 4, 1962. It was error for the trial judge to sustain a demurrer to defendant’s motion to set aside a judgment in a divorce action on the ground of lack of jurisdiction, a defect not appearing on the face of […]

63 S.E.2d 382 BLANCHARD CALHOUN REALTY COMPANY v. FOGEL; et vice versa. 17370, 17379.Supreme Court of Georgia. FEBRUARY 13, 1951. Under the terms of the note and deed here involved, the grantor debtor was entitled to a one-month grace period within which to pay any deficiency in any monthly installment, whether the deficiency consisted of […]

68 S.E.2d 713 ALMOND v. THE STATE. 17726.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1952. DECIDED JANUARY 29, 1952. DUCKWORTH, Chief Justice. The confession was sufficiently corroborated. Proof that the nude body of the lady whom the indictment alleges the accused murdered was found back of a coal pile in the basement of her home, which […]

6 S.E.2d 294 SANDERS et al. v. FIRST NATIONAL BANK OF ATLANTA, trustee, et al. 12997.Supreme Court of Georgia. NOVEMBER 16, 1939. ADHERED TO ON REHEARING DECEMBER 15, 1939. 1. Under a will devising to a trustee property from which the trustee is to pay the income to the testator’s widow for her life, and […]

100 S.E.2d 461 DAVIS v. DAVIS. 19806.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1957. DECIDED OCTOBER 15, 1957. In an action for alimony, where the sole relief prayed by a wife is for the award of the property of her husband, a nonresident of this State, as permanent alimony, the action must be brought in the […]

467 S.E.2d 510 IRVIN ET AL. v. LAXMI, INC.; and vice versa. S95A1665, S95X1666Supreme Court of Georgia. DECIDED FEBRUARY 5, 1996 FLETCHER, Presiding Justice. In this appeal, adjoining property owners dispute the scope of express easements to a private alley and a parking lot. The trial court ruled that Laxmi, as holder of the easement, […]

392 S.E.2d 533 KOETHER et al. v. WINTERCHASE TOWNHOMES, INC. et al. S90G0173.Supreme Court of Georgia. DECIDED MAY 10, 1990. PER CURIAM. After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari, and the writ is therefore vacated. All the Justices concur. DECIDED MAY 10, 1990. […]

587 S.E.2d 613 HEAD v. HILL. S03A0559, S03X0560.Supreme Court of Georgia. DECIDED OCTOBER 6, 2003. RECONSIDERATION DENIED NOVEMBER 7, 2003. CARLEY, Justice. In a trial held in July and August of 1991, Warren Lee Hill was convicted and sentenced to death for the murder of Joseph Handspike. This Court unanimously affirmed the conviction and death […]

113 S.E.2d 398 TAYLOR v. CURRY, Superintendent et al. 20713.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1960. DECIDED FEBRUARY 11, 1960. REHEARING DENIED MARCH 14, 1960. HAWKINS, Justice. On September 26, 1959, Doris Taylor, the step-daughter of Charlie Lee May, filed a petition for habeas corpus in his behalf, in Washington Superior Court, in which she […]

360 S.E.2d 592 CANNON v. THE STATE. 44806.Supreme Court of Georgia. DECIDED OCTOBER 7, 1987. MARSHALL, Chief Justice. The appellant, Eddie B. Cannon, was convicted of three crimes. First, he was convicted of the murder of Ralph Price. Second, he was convicted of the commission of an aggravated assault upon Virginia Cannon, who is the […]

47 S.E.2d 646 O’NEAL et al. v. SPENCER. 16165.Supreme Court of Georgia. APRIL 16, 1948. CANDLER, Justice. Marvin O’Neal and others, as citizens and taxpayers of the City of Savannah, filed a proceeding in the nature of a quo warranto to inquire into the right of Frank W. Spencer to hold office as a member […]

295 S.E.2d 518 HILL v. THE STATE. 38423.Supreme Court of Georgia. DECIDED OCTOBER 5, 1982. REHEARING DENIED NOVEMBER 29, 1982. SMITH, Justice. Appellant, Floyd Ernest Hill, was convicted for the malice murder of Austell police officer Greg Mullinax and for the felony murder of Darryl Toles. Appellant was sentenced to death for the murder of […]

687 S.E.2d 477 IN THE MATTER OF JOYCE K. BATTERSON. No. S09Z1849.Supreme Court of Georgia. DECIDED NOVEMBER 23, 2009. RECONSIDERATION DENIED DECEMBER 15, 2009. PER CURIAM. Joyce K. Batterson appeals the Board of Bar Examiners’ (“Board”) denial of her petition for waiver of educational requirements for admission to the State Bar of Georgia.[1] The Board […]

712 S.E.2d 828 PRICE v. THE STATE. No. S10G1354.Supreme Court of Georgia. DECIDED JULY 5, 2011. MELTON, Justice. In Price v. State, 303 Ga. App. 589 (693 SE2d 826) (2010), the Court of Appeals upheld Robert Price’s convictions for burglary and criminal trespass, and further held that the trial court did not err in failing […]

369 S.E.2d 902 NEWMAN v. THE STATE. 45103.Supreme Court of Georgia. DECIDED JULY 13, 1988. RECONSIDERATION DENIED JULY 29, 1988. BELL, Justice. The appellant, Patrick Newman, filed an interlocutory application to appeal a jury verdict finding him competent to stand trial on a murder charge. OCGA § 17-7-130. We granted the application to consider whether […]

107 S.E.2d 824 BAGWELL STEWART, INC., et al. v. BENNETT et al. 20364.Supreme Court of Georgia.SUBMITTED FEBRUARY 8, 1959. DECIDED MARCH 6, 1959. DUCKWORTH, Chief Justice. This is the second appearance of this case in this court. The former appearance (Bennett v. Bagwell Stewart, Inc., 214 Ga. 115, 103 S.E.2d 561) involved an exception to […]

602 S.E.2d 647 HELTON v. CROSS. S04F0707.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. FLETCHER, Chief Justice. Connie Joan Helton appeals from a final judgment of divorce entered on March 27, 2003, challenging two parts of that judgment. On May 21, 2001, the trial court ruled that a Reconciliation Agreement, entered between the parties on […]

452 S.E.2d 105 IN THE INTEREST OF J. D., a child. S94A1720.Supreme Court of Georgia. DECIDED JANUARY 17, 1995. FLETCHER, Justice. Fifteen-year-old J. D. was charged with burglary and felony murder in connection with the shooting death of eighty-six-year-old Ida Dodson. The juvenile court conducted a hearing and ordered the case transferred to superior court […]

121 S.E.2d 22 KOIVU v. BALKCOM, Warden. 21278.Supreme Court of Georgia.SUBMITTED JUNE 12, 1961. DECIDED JULY 6, 1961. REHEARING DENIED JULY 24, 1961. GRICE, Justice. Service upon the bill of exceptions after certification by the trial judge being waived 40 days after such certification and such service therefore not being perfected within 10 days as […]

501 S.E.2d 810 KLINECT v. THE STATE. S98A0479.Supreme Court of Georgia. DECIDED JULY 6, 1998. HINES, Justice. Christine Lynn Klinect appeals her conviction on one count of malice murder.[1] For the reasons which follow, we affirm. Evidence showed that the victim, Lewis Kalo, was Klinect’s former husband and the father of Klinect’s daughter. At the […]

47 S.E.2d 640 FIELDS v. FIELDS. 16172.Supreme Court of Georgia. APRIL 15, 1948. JENKINS, Chief Justice. 1. The evidence was sufficient to sustain the verdict; and special grounds 4, 5, and 6, being but amplifications of the general grounds, are therefore without merit. 2. Special grounds 7 and 8 attack the process issued and served, […]

149 S.E.2d 100 FINCH v. McALONEY. 23449.Supreme Court of Georgia.SUBMITTED MAY 11, 1966. DECIDED MAY 26, 1966. DUCKWORTH, Chief Justice. This case arises out of the following facts: (1) the appellant executed to appellee a note secured by a deed to land; (2) thereafter, the appellee assigned said note and deed to the Citizens Southern […]

662 S.E.2d 126 MINCEY v. DECKLE et al. No. S08A0686.Supreme Court of Georgia. DECIDED JUNE 2, 2008. MELTON, Justice. Prior to his death, Raymond Keith Mincey (“Decedent”) executed two wills, one on December 13, 1989 (“1989 Will”) and one on March 10, 1998 (“1998 Will”).[1] The 1998 Will explicitly revoked all prior wills, including the […]

563 S.E.2d 870 KARRAS v. THE STATE. S02A0780.Supreme Court of Georgia. DECIDED: MAY 28, 2002 HUNSTEIN, Justice. Appellant Ted Karras was convicted of malice murder and burglary in the stabbing death of Douglas Beach.[1] Appellant appeals from the denial of his motion for new trial and we affirm. 1. The evidence presented at trial authorized […]

85 S.E.2d 762 BALKCOM, Warden, v. JOHNSON. 18808.Supreme Court of Georgia.ARGUED JANUARY 10, 1955. DECIDED FEBRUARY 14, 1955. CANDLER, Justice. Henry Johnson pleaded guilty to the penal offense of making whisky in Emanuel County on October 10, 1951, and was sentenced to pay a fine of $250 and to serve a prison term of from […]

205 S.E.2d 250 ANDERSON et al. v. BLACKMON et al. 28583.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1974. DECIDED MARCH 8, 1974. REHEARING DENIED MARCH 21, 1974. Since the entire tax digest must be voided, the trial court erred in limiting its order in regard to the improper tax assessments in Fannin County to only those […]

513 S.E.2d 199 BRADY v. THE STATE. S98A1777.Supreme Court of Georgia. DECIDED: MARCH 1, 1999. HINES, Justice. Kenneth Lamar Brady appeals his convictions for two counts of malice murder and two counts of armed robbery in connection with the killings of Tony and Kathy Reid.[1] For the reasons which follow, we affirm. Brady was tried […]

571 S.E.2d 806 KELLER v. THE STATE. S02G0572.Supreme Court of Georgia. DECIDED: OCTOBER 28, 2002 SEARS, Presiding Justice. We granted certiorari in this case to consider whether the Court of Appeals erred in dismissing one of Keller’s appeals that was before it.[1] We conclude that when a multi-count indictment is the subject of one trial […]

128 S.E.2d 730 ADAMS v. KIRKLAND et al. 21863.Supreme Court of Georgia.SUBMITTED NOVEMBER 15, 1962. DECIDED DECEMBER 3, 1962. QUILLIAN, Justice. In the record which we now review there was some conflict in the evidence in regard to whether the father failed to provide necessaries, and had abandoned the children, and whether the father had […]

679 S.E.2d 343 LANDERS v. THE STATE. No. S09A0078.Supreme Court of Georgia. DECIDED JUNE 1, 2009. RECONSIDERATION DENIED JUNE 29, 2009. HUNSTEIN, Presiding Justice. Appellant Rodney Landers was convicted by a Spalding County jury of malice murder in 1996. His conviction was affirmed on appeal. Landers v. State, 270 Ga. 189 (508 SE2d 637) (1998). […]

28 S.E.2d 656 WALKER v. THE STATE. 14702.Supreme Court of Georgia. JANUARY 12, 1944. BELL, Chief Justice. 1. The evidence was sufficient to prove the crime of rape and to identify the accused as the perpetrator. 2. The testimony of the sheriff as to a statement made by a physician in the presence of the […]

142 S.E.2d 239 TAYLOR v. THE STATE. 22891.Supreme Court of Georgia.SUBMITTED MARCH 8, 1965. DECIDED APRIL 8, 1965. 1. The general grounds of the motion for new trial are without merit since the evidence amply supported the verdict. 2. The special ground which complains of the admission in evidence of testimony as to prior threats […]

111 S.E.2d 88 BUTLER v. GUNBY et al., Commissioners; and vice versa. 20628, 20671.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1959. DECIDED OCTOBER 9, 1959. REHEARING DENIED NOVEMBER 4, 1959. ALMAND, Justice. The main and cross-bills of exceptions are companion cases to cases Nos. 20630 and 20672, ante. All of the rulings therein made are controlling […]

236 S.E.2d 71 HARRIS v. THE STATE (two cases). 32110, 32184.Supreme Court of Georgia.SUBMITTED MARCH 21, 1977. SUBMITTED APRIL 13, 1977. DECIDED MAY 25, 1977. UNDERCOFLER, Presiding Justice. Dennis Harris appeals his conviction and ten-year sentence for armed robbery. We affirm. The jury, in considering the evidence offered, was authorized to find that Anthony Way […]

282 S.E.2d 84 GRANT v. THE STATE. 37748.Supreme Court of Georgia. DECIDED SEPTEMBER 23, 1981. HILL, Presiding Justice. Theodore Grant was tried jointly with Clyde Milton. Division 2 of Milton v. State, 248 Ga. 192 (1981), holding that Milton is entitled to a new trial for the reasons stated therein, applies with equal force to […]

594 S.E.2d 359 TURNER et al. v. FLOURNOY. S03A1730.Supreme Court of Georgia. DECIDED MARCH 22, 2004. THOMPSON, Justice. The question for decision in this case is whether the trial court abused its discretion by enjoining the development of a subdivision. We conclude that, in the absence of transcripts of hearings held below, the injunction must […]

385 S.E.2d 666 MUNDY v. THE STATE. 46919.Supreme Court of Georgia. DECIDED NOVEMBER 30, 1989. BELL, Justice. The appellant, Harold O. Mundy, was convicted of malice murder and sentenced to life imprisonment.[1] He appeals, and we affirm. On January 9, 1988, the appellant drove with two other men, Luc Van Bui and John Mundy, from […]

363 S.E.2d 251 NORTHRIDGE COMMUNITY ASSOCIATION, INC. et al. v. HABERSHAM AT NORTHRIDGE et al. 44724.Supreme Court of Georgia. DECIDED JANUARY 6, 1988. HUNT, Justice. Northridge Community Association, Inc., a neighborhood association, and two of its members (“the neighbors”) filed this action against Habersham at Northridge (“the developer”), the Board of Commissioners of Fulton County […]

95 S.E.2d 685 FRANKLIN v. BOARD OF LIGHTS WATER WORKS. 19525.Supreme Court of Georgia.ARGUED NOVEMBER 13, 1956. DECIDED DECEMBER 5, 1956. DUCKWORTH, Chief Justice. 1. Property dedicated to a public use may be the dedicatee be put to all customary uses within the definition of the use. Brown v. City of East Point, 148 Ga. […]

202 S.E.2d 35 ALLEN v. CALDWELL. 28333.Supreme Court of Georgia.SUBMITTED OCTOBER 10, 1973. DECIDED NOVEMBER 9, 1973. PER CURIAM. The appellant was charged with two cases of rape, one allegedly occurring on December 17, 1970, and the other on January 20, 1971, under warrants obtained on March 1, 1971. He was subsequently indicted by the […]

55 S.E.2d 593 BREWER v. BREWER. 16805.Supreme Court of Georgia. OCTOBER 12, 1949. CANDLER, Justice. In Brewer v. Brewer, 205 Ga. 759 (55 S.E.2d 147), this court held that the Superior Court of Fulton County did not lose jurisdiction of a pending suit for divorce and alimony because “the parties may have moved out of […]

495 S.E.2d 31 COCHRAN v. COCHRAN. S97A1654.Supreme Court of Georgia. DECIDED JANUARY 26, 1998 — RECONSIDERATION DENIED FEBRUARY 23, 1998. FLETCHER, Presiding Justice. Donald E. Cochran appeals the denial of his motion for new trial following a judgment granting specific performance and vesting title to real property in his son Don “Scott” Cochran. Donald Cochran […]

231 S.E.2d 72 McCRARY v. HOPPER. 31687.Supreme Court of Georgia. DECIDED DECEMBER 1, 1976. NOTE: PURSUANT TO DIRECTION FROM THE SUPREME COURT, AN OPINION 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 […]

302 S.E.2d 94 HORTON v. WILKES et al. 39902.Supreme Court of Georgia. DECIDED APRIL 27, 1983. REHEARING DENIED MAY 24, 1983. HILL, Chief Justice. Jimmy Lee Horton’s convictions for murder and burglary were affirmed by this court in September 1982. Horton v. State, 249 Ga. 871 (295 S.E.2d 281) (1982). In November, 1982, Horton filed […]

465 S.E.2d 440 GEARINGER v. LEE S95A1530Supreme Court of Georgia. DECIDED JANUARY 22, 1996 HUNSTEIN, Justice. Calvin Lee’s probation was revoked on the basis that he violated a special condition of his probation, in that he disobeyed the rules and regulations of the detention center where he had been sent. The revocation court ordered Lee […]

126 S.E.2d 223 HOUSING AUTHORITY OF THE CITY OF SWAINSBORO v. HALL et al. 21597.Supreme Court of Georgia.ARGUED APRIL 9, 1962. DECIDED MAY 14, 1962. 1. The petition of the condemnees was insufficient to show an arbitrary abuse of discretion on the part of the housing authority in selecting the condemnees’ property for a housing […]

296 S.E.2d 576 BOWDEN v. THE STATE. 39147.Supreme Court of Georgia. DECIDED OCTOBER 27, 1982. REHEARING DENIED NOVEMBER 16, 1982. JORDAN, Chief Justice. On December 9, 1976, Bowden was convicted in the Superior Court of Muscogee County of murder, armed robbery, aggravated assault, and burglary. The death sentence was imposed for the murder. Page 186 […]

30 S.E.2d 599 AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. v. KENT. 14862.Supreme Court of Georgia. JUNE 7, 1944. The question certified by the Court of Appeals is answered in the negative. No. 14862. JUNE 7, 1944. Question certified by Court of Appeals (Case No. 30392). Neely, Marshall Greene, for plaintiffs in error. Wyatt Morgan […]

54 S.E.2d 385 HANCOCK et al. v. HANCOCK, administrator. 16670.Supreme Court of Georgia. JULY 12, 1949. REHEARING DENIED JULY 27, 1949. 1. The allegations of the petition were sufficient to set forth a cause of action on the theory of an implied trust; and the trial judge did not err in overruling the general demurrer. […]

250 S.E.2d 436 BAKER v. BAKER. 34040.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1978. DECIDED NOVEMBER 7, 1978. HALL, Justice. Appellant John Baker and appellee Lynn Baker purchased a house and lot as tenants in common in 1973. In 1978, John Baker brought a suit requesting equitable partition of the property. In a separate action, Lynn […]

467 S.E.2d 574 SIMS v. THE STATE S95A1906Supreme Court of Georgia. DECIDED MARCH 15, 1996 THOMPSON, Justice. Tyree Marcus Sims and Maurice Shuntey Mance were jointly charged in a multi-count indictment in connection with the shooting death of Bobby Ingram, a taxicab driver. Mance entered guilty pleas to malice murder, theft, and possession of a […]

242 S.E.2d 157 POLK et al. v. SHEROD. 33201.Supreme Court of Georgia.SUBMITTED JANUARY 20, 1978. DECIDED FEBRUARY 7, 1978. HALL, Justice. Appellee sued to reform a deed granting appellants all of appellee’s interest in a security deed and note. The deed in question was given contemporaneously with, and as a part of, a settlement of […]

428 S.E.2d 346 BUTLER v. THE STATE. S93A0614.Supreme Court of Georgia. DECIDED APRIL 19, 1993. CARLEY, Justice. After a jury trial, appellant was found guilty of felony murder and sentenced to life. He was also found guilty of and sentenced for three counts of aggravated assault and four counts of possession of a firearm during […]

287 S.E.2d 171 McCAFFERTY et al. v. MEDICAL COLLEGE OF GEORGIA et al. 37727.Supreme Court of Georgia. DECIDED FEBRUARY 4, 1982. REHEARING DENIED FEBRUARY 23, 1982. HILL, Presiding Justice. According to the complaint, Jessica McCafferty was born two months prematurely on April 6, 1979, at a private hospital in Augusta. Because of a possible abdominal […]

137 S.E.2d 465 DYE v. THE STATE. 22480.Supreme Court of Georgia.ARGUED MAY 11, 1964. DECIDED JUNE 1, 1964. REHEARING DENIED JUNE 22, 1964. 1. The general grounds of the motion for new trial, having been abandoned, will not be considered. 2. It was not error to permit the deceased’s widow to remain in the courtroom […]

336 S.E.2d 221 WARREN v. THE STATE. 42545.Supreme Court of Georgia. DECIDED NOVEMBER 6, 1985. SMITH, Justice. “When a woman says I do, does she give up her right to say I won’t?”[1] This question does not pose the real question, because Page 152 rape[2] and aggravated sodomy are not sexual acts of an ardent […]

325 S.E.2d 375 PATE et al. v. CABALLERO et al. 41378.Supreme Court of Georgia. DECIDED JANUARY 30, 1985. REHEARING DENIED FEBRUARY 19, 1985. SMITH, Justice. Rachel and Bobby Joe Pate, appellants, sued Dr. Ivan Caballero and Dr. Brooks Cagle for malpractice and loss of consortium. The doctors answered, claiming sovereign immunity. When appellants sought production […]

307 S.E.2d 667 ZANT v. HAMILTON. 40188.Supreme Court of Georgia. DECIDED OCTOBER 5, 1983. REHEARING DENIED OCTOBER 25, 1983. MARSHALL, Presiding Justice. The appellee, Roland Paul Hamilton, was convicted of murder, and he was given the death penalty based on the jury’s finding of two statutory aggravating circumstances. On direct appeal, his conviction and sentence […]

233 S.E.2d 161 PARRISH v. HOPPER. 31446.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1976. DECIDED FEBRUARY 14, 1977. REHEARINGS DENIED MARCH 9, 1977. PER CURIAM. On this appeal from the Tattnall County Superior Court’s denial of his habeas corpus petition, Parrish attacks two unrelated but concurrent 1971 sentences, one for burglary, and one for armed robbery. […]

314 S.E.2d 218 MACON ASSOCIATION FOR RETARDED CITIZENS v. MACON-BIBB COUNTY PLANNING AND ZONING COMMISSION. 40623.Supreme Court of Georgia. DECIDED APRIL 4, 1984. REHEARING DENIED MAY 1, 1984. MARSHALL, Presiding Justice. The Macon Association for Retarded Citizens, a nonprofit organization which is governmentally financed, submitted a petition to the Macon-Bibb County Planning and zoning Commission […]

154 S.E.2d 20 THREATT v. McELREATH. 23955.Supreme Court of Georgia.ARGUED FEBRUARY 15, 1967. DECIDED FEBRUARY 23, 1967. UNDERCOFLER, Justice. Appellee filed a motion to dismiss the appeal in this case for the reason that the transcript of evidence was not filed within the time prescribed by law. The record shows that on May 19, 1966, […]