Category: Georgia Supreme Court Opinions

214 S.E.2d 893 HOUSER et al. v. THE STATE. 29474.Supreme Court of Georgia.SUBMITTED DECEMBER 20, 1974. DECIDED APRIL 8, 1975. REHEARING DENIED APRIL 22, 1975. JORDAN, Justice. Eddie Lee Houser, Jr., and Ella Mae Redding were convicted of kidnapping and armed robbery. Houser was given two consecutive sentences of 15 years each for the two […]

119 S.E.2d 696 ARLINGTON CEMETERY CORPORATION et al. v. HOFFMAN et al. 21188.Supreme Court of Georgia.ARGUED MARCH 14, 1961. DECIDED APRIL 6, 1961. 1. The petition of the owners of cemetery lots, dedicated by the owner of the cemetery “for interment of human bodies . . . and can be used for no other purpose,” […]

243 S.E.2d 24 REEVES v. THE STATE. 32994.Supreme Court of Georgia.ARGUED NOVEMBER 22, 1977. DECIDED FEBRUARY 22, 1978. REHEARING DENIED MARCH 28, 1978. HALL, Justice. Reeves was tried by a jury, convicted of murder, and sentenced to life imprisonment for the March 1, 1977 murder of George Parrish at the G C Garage, in Athens, […]

329 S.E.2d 149 MENENDEZ et al. v. PERISHABLE DISTRIBUTORS, INC. et al. 41745.Supreme Court of Georgia. DECIDED MAY 2, 1985. PER CURIAM. The United States Court of Appeals for the Eleventh Circuit sent us three certified questions. The answers to questions one and two are that Florida law applies. The third question is mooted by […]

190 S.E.2d 73 HICKS et al. v. SIMPSON. 27161.Supreme Court of Georgia.ARGUED MAY 9, 1972. DECIDED JUNE 15, 1972. 1. The examiner made a finding that the name of the grantee recited in the deeds was an alias of the grantee. 2. The evidence, while conflicting, authorized findings as to the use by the grantee […]

646 S.E.2d 60 SAMPSON v. THE STATE. No. S07A0375.Supreme Court of Georgia. DECIDED JUNE 4, 2007. HINES, Justice. A jury found Willie M. Sampson guilty of malice murder and felony murder while in the commission of aggravated assault in connection with the fatal shooting of his former girlfriend, Peggy Scott. Sampson appeals, challenging the admission […]

308 S.E.2d 154 ROEMHILD et al. v. THE STATE. 39735.Supreme Court of Georgia. DECIDED OCTOBER 25, 1983. BELL, Justice. This case concerns the constitutionality of OCGA § 20-2-690 (Code Ann. § 32-2104), the Georgia compulsory school attendance law, which provides that every parent having control of a child between the ages of seven and sixteen […]

78 S.E.2d 478 MAYOR c. OF ATHENS v. WANSLEY et al. 18350.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1953. DECIDED OCTOBER 14, 1953. REHEARING DENIED NOVEMBER 12, 1953. 1. “Repeals by implication are not favored, and the later statute will not be construed to repeal a prior act on the same subject where there is no […]

253 S.E.2d 706 BERMAN v. BERMAN. 34501.Supreme Court of Georgia.SUBMITTED JANUARY 26, 1979. DECIDED FEBRUARY 27, 1979. MARSHALL, Justice. This is the seventh appeal from the fifteenth contempt citation since these parties were divorced. See Berman v. Berman, 239 Ga. 443 (238 S.E.2d 27) (1977) and cits. Following remand to the trial court in Berman […]

205 S.E.2d 260 WALKER v. THE STATE. 28544.Supreme Court of Georgia.SUBMITTED JANUARY 2, 1974. DECIDED APRIL 4, 1974. INGRAM, Justice. There are two enumerations of error which bring this conviction for armed robbery, and also a conviction for a related misdemeanor, to this court for review on appeal from Fulton Superior Court. The appellant received […]

294 S.E.2d 525 SMITH v. THE STATE. 38807.Supreme Court of Georgia. DECIDED SEPTEMBER 9, 1982. HILL, Presiding Justice. Willie J. Smith was tried by a jury, convicted of murder, and sentenced to life imprisonment. He did not file a timely appeal, but later he did file a petition for habeas corpus which was granted insofar […]

630 S.E.2d 395 IN THE MATTER OF TIMOTHY ALLEN HICKEY. S06Y1305.Supreme Court of Georgia. DECIDED MAY 17, 2006. PER CURIAM. Timothy Allen Hickey pled guilty in the Superior Court of DeKalb County to one count of felony sexual exploitation of a child and four misdemeanor counts of sexual exploitation of a child. Based on this […]

313 S.E.2d 488 MOSELEY v. CLERK, SUPERIOR COURT OF CANDLER COUNTY. 40665.Supreme Court of Georgia. DECIDED FEBRUARY 9, 1984. Judgment affirmed without opinion pursuant to Rule 59 (Code Ann. § 24-4559) of this court. All the Justices concur, except Hill, C.J., who concurs specially. DECIDED FEBRUARY 9, 1984. Denial of copies. Candler Superior Court. Before […]

27 S.E.2d 329 WATKINS v. TERRELL, alias HAYES, et al. 14642.Supreme Court of Georgia. OCTOBER 5, 1943. JENKINS, Presiding Justice. 1. In this contest for the custody of a girl of four years, on a habeas-corpus petition by the father against the parents of the deceased mother, and involving an alleged “gift” by the father […]

486 S.E.2d 348 FREEMAN v. THE STATE. S97A0422.Supreme Court of Georgia. DECIDED JUNE 30, 1997. RECONSIDERATION DENIED JULY 11, 1997. CARLEY, Justice. A jury found Ronald Lupez Freeman guilty of felony murder while in the commission of an armed robbery. Although the State had sought the death penalty, the jury recommended life imprisonment. After the […]

626 S.E.2d 88 STINCHCOMB v. THE STATE. S05A2003.Supreme Court of Georgia. DECIDED JANUARY 30, 2006. MELTON, Justice. Following his conviction by a jury for felony murder and aggravated assault,[1] Mario Stinchcomb appeals, contending among other Page 171 things that the evidence was insufficient to support the verdict. For the reasons set forth below, we affirm. […]

51 S.E.2d 802 CLIMER v. THE STATE. 16522.Supreme Court of Georgia. FEBRUARY 16, 1949. 1. There was ample evidence to authorize the verdict of guilty, and the general grounds of the motion for new trial are without merit. 2. Evidence as to venue, though slight, is sufficient where there is no conflicting evidence. No. 16522. […]

15 S.E.2d 514 WILLINGHAM v. WILLINGHAM. 13696.Supreme Court of Georgia. JUNE 16, 1941. 1. The court did not err in awarding the custody of the children to the father. 2. It was not error, in a proceeding of this character, for the judge to exclude the parties while the children were testifying. 3. There is […]

197 S.E.2d 709 MARLOW v. TANKERSLEY. 27637.Supreme Court of Georgia.SUBMITTED JANUARY 8, 1973. DECIDED APRIL 16, 1973. HAWES, Justice. Linda Tankersley Marlow filed a 2-count complaint in the Superior Court of Floyd County against Robert P. Tankersley, her former husband, seeking in count 1 thereof to regain the custody of the parties’ two minor children […]

592 S.E.2d 853 IN THE MATTER OF JOHN H. ARMWOOD. S04Y0839.Supreme Court of Georgia. DECIDED FEBRUARY 16, 2004. RECONSIDERATION DENIED MARCH 5, 2004. PER CURIAM. This matter is before the Court on the Report and Recommendation of the Special Master that Respondent John H. Armwood be suspended for one year for his violations of Standards […]

18 S.E.2d 531 SNELLINGS, executor, et al. v. DOWNER, administrator, et al.; et vice versa. 13877, 13878.Supreme Court of Georgia. JANUARY 16, 1942. 1. If the terms of a will when legally construed are plain and unambiguous, parol evidence can not be received for the purpose of showing an intention of the testator contrary to […]

542 S.E.2d 498 HAMMOND v. THE STATE S00A1792.Supreme Court of Georgia. DECIDED: FEBRUARY 16, 2001. BENHAM, Chief Justice. Appellant Eugene Hammond was convicted of aggravated assault and making terroristic threats in connection with a domestic disturbance between him and his wife, Cynthia Carstarphen Hammond, and felony murder (aggravated assault) in connection with the death of […]

230 S.E.2d 287 CANTRELL v. THE STATE. 31277.Supreme Court of Georgia.SUBMITTED JUNE 25, 1976. DECIDED NOVEMBER 2, 1976. GUNTER, Justice. Appellant was convicted for having committed two separate armed robberies, and he has come here for review. While under arrest on a burglary charge, appellant, after having been given the Miranda warnings and having singed […]

596 S.E.2d 136 SIMMONS v. BEARDEN et al. S04A0956.Supreme Court of Georgia. DECIDED APRIL 27, 2004. THOMPSON, Justice. Appellant J.E. Simmons filed a petition to establish title to a small tract of land which lies along the border of Webster and Marion Counties, by virtue of a series of deeds and by reason of adverse […]

647 S.E.2d 64 SPILLER v. THE STATE. No. S07A1035.Supreme Court of Georgia. DECIDED JUNE 25, 2007. RECONSIDERATION DENIED JULY 27, 2007. SEARS, Chief Justice. In 2001, a Fulton County jury convicted Marvin Spiller of felony murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the shooting death […]

145 S.E.2d 39 FRAZIER v. GRIMES, Sheriff. 23077.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1965. DECIDED SEPTEMBER 22, 1965. REHEARING DENIED OCTOBER 7, 1965. Under the evidence and the law applicable to this habeas corpus proceeding, the trial judge did not err in remanding applicant to the custody of respondent. ARGUED SEPTEMBER 15, 1965 — DECIDED […]

295 S.E.2d 830 HARDISON v. HASLAM. 39056.Supreme Court of Georgia. DECIDED OCTOBER 19, 1982. MARSHALL, Justice. On June 15, 1981, the appellee was officially notified that he had been declared a habitual violator and that his license and privilege to operate a motor vehicle in this State was revoked for a period of five years. […]

218 S.E.2d 76 WHITENER v. HOPPER. 29829.Supreme Court of Georgia. DECIDED JUNE 17, 1975. 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 […]

10 S.E.2d 861 WILSON v. THE STATE. 13406.Supreme Court of Georgia. SEPTEMBER 26, 1940. Rulings on exceptions to admission and exclusion of testimony and to instructions to the jury on trial for murder by striking a woman on her head with a hatchet, resulting in affirmance of refusal of new trial. No. 13406. SEPTEMBER 26, […]

277 S.E.2d 914 GOODMAN v. LEWIS et al. 37231.Supreme Court of Georgia. DECIDED MAY 19, 1981. PER CURIAM. In this case, a trustee in bankruptcy has brought suit against the bankrupt and his wife to set aside various conveyances of real property made by the bankrupt to his wife. The trustee’s argument is that as […]

203 S.E.2d 178 BOARD OF PUBLIC EDUCATION ORPHANAGE FOR BIBB COUNTY v. ZIMMERMAN et al.; and vice versa. 28224, 28248.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1973. DECIDED JANUARY 8, 1974. INGRAM, Justice. The main appeal and cross appeal in this case Page 563 arise out of issues relating to the levy and collection of taxes […]

45 S.E.2d 662 HANDSPIKE v. THE STATE. 16031.Supreme Court of Georgia. DECEMBER 1, 1947. When the defendant in a murder case pleads insanity at the time of the homicide, as a defense, and introduces evidence sufficient to overcome the presumption of sanity, and there is no evidence that he was sane at the time of […]

177 S.E.2d 233 ADAMS v. THE STATE. 26015.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1970. DECIDED OCTOBER 8, 1970. The motion for new trial on the general grounds was properly overruled by the trial court. ARGUED SEPTEMBER 15, 1970 — DECIDED OCTOBER 8, 1970. Murder. Dawson Superior Court. Before Judge Kenyon. Robert B. Thompson, for appellant. […]

14 S.E.2d 98 LIVERPOOL AND LONDON AND GLOBE INSURANCE COMPANY LIMITED v. STUART et al. 13474.Supreme Court of Georgia. MARCH 12, 1941. REHEARING DENIED MARCH 29, 1941. 1. A vendee of personal property under a contract of purchase retaining title in the vendor until payment of the purchase-price is not, until the purchase-price is fully […]

167 S.E.2d 756 STANLEY v. THE STATE. 24484.Supreme Court of Georgia. DECIDED MAY 8, 1969. FRANKUM, Justice. Whereas the Supreme Court of the United States by judgment of that court entered on April 7, 1969, reversed the judgment of this court in Stanley v. State, 224 Ga. 259 (161 S.E.2d 309), wherein this court affirmed […]

361 S.E.2d 154 THOMPSON v. THE STATE. 44743.Supreme Court of Georgia. DECIDED OCTOBER 8, 1987. WELTNER, Justice. Rooney Thompson shot and killed Richard Jenkins with a handgun. He was convicted of malice murder and sentenced to life imprisonment.[1] Page 482 1. The record contains a full account of hostility between Thompson and the victim, arising […]

400 S.E.2d 13 IN THE MATTER OF M. MICHAEL KENDALL. SUPREME COURT DISCIPLINARY NO. 778.Supreme Court of Georgia. DECIDED FEBRUARY 1, 1991. PER CURIAM. The State Bar of Georgia brought disciplinary proceedings against M. Michael Kendall, charging him with violations of Standard 21 (failure to withdraw from employment when discharged), Standard 44 (wilfully abandoning or […]

143 S.E.2d 730 MILLHOLLAN v. THE STATE. 22951.Supreme Court of Georgia.ARGUED MAY 10, 1965. DECIDED JULY 12, 1965. 1. Since demurrers and motions to quash do not reach matters not appearing upon the face of an indictment, no question is raised here as to the validity of the indictment due to evidence being illegally obtained […]

75 S.E.2d 748 STOUT v. PATE. 18157.Supreme Court of Georgia.ARGUED MARCH 10, 1953. DECIDED APRIL 14, 1953. REHEARING DENIED MAY 13, 1953. DUCKWORTH, Chief Justice. The exception here is to a final judgment modifying a previous judgment of the court awarding custody of minor children; and in the order the court states that from the […]

462 S.E.2d 601 PRISON HEALTH SERVICES INC. v. GEORGIA DEPARTMENT OF ADMINISTRATIVE SERVICES et al. (three cases). THOMAS et al. v. PRISON HEALTH SERVICES, INC. et al. S95A0789, S95A1135, S95A1136, S95A1850.Supreme Court of Georgia. DECIDED OCTOBER 16, 1995 — RECONSIDERATION DENIED NOVEMBER 3, 1995. BENHAM, Chief Justice. Each of these appeals has its genesis in […]

283 S.E.2d 875 HAYES v. HAYES. 37918.Supreme Court of Georgia. DECIDED NOVEMBER 4, 1981. REHEARING DENIED NOVEMBER 24, 1981. HILL, Presiding Justice. This case concerns the full faith and credit clause of the United States Constitution. U.S. Const. Art. IV, § 1; Code Ann. § 1-401. The husband contends the trial court erred in refusing […]

50 S.E.2d 323 WEATHERFORD v. WEATHERFORD. 16424.Supreme Court of Georgia. NOVEMBER 17, 1948. An award of permanent alimony should not be approved by the trial judge when, from all the evidence, the amount is excessive. No. 16424. NOVEMBER 17, 1948. Alimony, etc. Before Judge Hooper. Fulton Superior Court. August 19, 1948. Mrs. Virginia R. Weatherford […]

89 S.E.2d 643 MIRON MOTEL, INC., et al. v. SMITH. 19061.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1955. DECIDED OCTOBER 10, 1955. HEAD, Justice. 1. In a dispossessory proceeding under the Code, Ch. 61-3, the issue is tenancy or no tenancy. Brown v. Persons, 48 Ga. 60; Watson v. Toliver, 103 Ga. 123 (29 S.E. 614); […]

453 S.E.2d 463 NORTH FULTON MEDICAL CENTER, INC. v. ROACH et al. S94A1864.Supreme Court of Georgia. DECIDED FEBRUARY 20, 1995. RECONSIDERATION DENIED MARCH 9, 1995. FLETCHER, Justice. In the second appearance of this case before the Court, North Fulton Medical Center appeals the trial court’s denial of a writ of mandamus and dismissal of its […]

118 S.E.2d 456 ADLER, EXECUTRIX, et al. v. ADLER et al. 21067.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1960. DECIDED FEBRUARY 9, 1961. 1. Where, by the terms of a will creating a trust estate for named beneficiaries, the executor-trustees are empowered and directed to invest, reinvest, sell, lease, or transfer any of the property of […]

225 S.E.2d 25 JOYCE v. JOYCE. 30889.Supreme Court of Georgia.SUBMITTED FEBRUARY 27, 1976. DECIDED APRIL 6, 1976. NICHOLS, Chief Justice. The appeal in this case is from a judgment holding the appellant (former husband) in contempt of court for failure to comply with the italicized portion of the following excerpt of the original divorce decree: […]

512 S.E.2d 236 COLUMBIA COUNTY v. DOOLITTLE. S98A1923.Supreme Court of Georgia. DECIDED: FEBRUARY 8, 1999. FLETCHER, Presiding Justice. In this inverse condemnation action, a jury found that Columbia County was responsible for maintaining a continuing nuisance that Page 491 amounted to a taking under the Georgia Constitution and awarded damages, attorney’s fees, and costs to […]

266 S.E.2d 184 HARDWICK v. HARDWICK. 35995.Supreme Court of Georgia.ARGUED MARCH 10, 1980. DECIDED APRIL 8, 1980. PER CURIAM. Mrs. Hardwick filed for divorce in July, 1978. At a temporary hearing held in September, 1978, Mr. Hardwick appeared and was represented by counsel. At no time has Mr. Hardwick filed any defensive pleadings in answer […]

563 S.E.2d 838 THOMAS v. THE STATE. S02A0229.Supreme Court of Georgia. DECIDED: APRIL 29, 2002. THOMPSON, Justice. Ameen Jamel Thomas was convicted by a jury of malice murder, felony murder, and aggravated assault in connection with the shooting death of Michael Gatewood.[1] On appeal, Thomas asserts that the evidence was insufficient to support the verdict, […]

75 S.E.2d 427 MATHEWS v. FOSTER, Sheriff. 18142.Supreme Court of Georgia.SUBMITTED MARCH 10, 1953. DECIDED APRIL 14, 1953. HAWKINS, Justice. The exception is to a judgment refusing to discharge the applicant, Horace H. Mathews, on his petition for the writ of habeas corpus. At the time of his application he was duly held in custody, […]

153 S.E.2d 432 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. SEWELL, by Next Friend. 23793.Supreme Court of Georgia.ARGUED DECEMBER 12, 1966. DECIDED JANUARY 5, 1967. REHEARING DENIED JANUARY 19, 1967. Where an insurance policy limits liability to “entire and irrecoverable loss of sight,” it was error to charge that loss of sight for all practical […]

233 S.E.2d 747 KENNEDY v. SERVICEMASTER OF ATLANTA, INC. et al. 31519.Supreme Court of Georgia.ARGUED SEPTEMBER 21, 1976. DECIDED MARCH 2, 1977. REHEARING DENIED MARCH 17, 1977. GUNTER, Justice. This case involves the construction of an agreement, an option to purchase one-half of the shares of a corporation, and whether or not the option, as […]

129 S.E.2d 147 KING et al., by Guardian v. KING et al., Trustees et al. 21796.Supreme Court of Georgia.ARGUED OCTOBER 9, 1962. DECIDED DECEMBER 3, 1962. REHEARING DENIED DECEMBER 19, 1962. 1. The laws of Georgia, where the trusts were executed, where, at the time they were signed and delivered, all the parties including the […]

238 S.E.2d 403 GENERAL MOTORS CORPORATION v. DOVER. 32295.Supreme Court of Georgia.ARGUED MAY 11, 1977. DECIDED SEPTEMBER 8, 1977. HILL, Justice. The Court of Appeals has certified to us the following questions: “Where, before any claim is filed with the Board of Workmen’s Compensation, employer and employee enter into a reimbursement agreement as to payment […]

101 S.E.2d 715 HARRIS et al. v. ERNEST L. MILLER CO. 19904.Supreme Court of Georgia.SUBMITTED NOVEMBER 13, 1957. DECIDED JANUARY 10, 1958. DUCKWORTH, Chief Justice. This is a land-registration case brought under Title 60 of the Georgia Code of 1933. Exceptions to the conclusions of law and fact of the examiner in his final report […]

161 S.E.2d 507 WILLIAMS et al. v. WHITEHURST et al. 24556.Supreme Court of Georgia.SUBMITTED MARCH 12, 1968. DECIDED APRIL 9, 1968. 1. Language in a will leaving described property to “My three sisters and niece” is not ambiguous where the three sisters and niece are named in another item of the will and there is […]

105 S.E.2d 730 ALADDIN, INC., v. KRASNOFF et al. 20209.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1958. DECIDED OCTOBER 10, 1958. REHEARING DENIED NOVEMBER 7, 1958. MOBLEY, Justice. The exception here is to a judgment sustaining a general demurrer to a petition, which sought to enjoin Robert Merrill Krasnoff from violating the restrictive covenants of an […]

233 S.E.2d 149 DEPARTMENT OF TRANSPORTATION v. MOYERS et al. 31812.Supreme Court of Georgia.ARGUED JANUARY 12, 1977. DECIDED FEBRUARY 8, 1977. REHEARING DENIED MARCH 1, 1977. UNDERCOFLER, Presiding Justice. Enumerations of error 1-15 in this case are identical to those addressed in Case No. 31810, Dept. of Transportation v. Doss, 238 Ga. 480. As decided […]

96 S.E.2d 603 TOMPKINS v. ATLANTIC COAST LINE RAILROAD COMPANY. 19587.Supreme Court of Georgia.ARGUED JANUARY 15, 1957. DECIDED FEBRUARY 12, 1957. The easement granted to the predecessor in title of the defendant does not, by its terms, restrict the use of the right-of-way for main-line purposes only, and the trial court properly denied the interlocutory […]

34 S.E.2d 870 LATHAM et al. v. FOWLER et al. 15203.Supreme Court of Georgia. JULY 6, 1945. REHEARING DENIED JULY 23, 1945. Where, in a suit for land, the right of the plaintiffs was predicated upon an alleged lost and unrecorded deed executed in 1902, proof of the existence of a genuine original must have […]

162 S.E.2d 9 McCURRY v. BAILEY. 24559.Supreme Court of Georgia.ARGUED APRIL 8, 1968. DECIDED APRIL 23, 1968. 1. Where the unimpeached evidence shows the inert body of a person in the driver’s position at a collision, testimony of an interested party contradicting these circumstances does not erase an issue of fact to the point of […]

124 S.E.2d 634 ROOKS et al. v. MEYER et al. 21564.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1962. DECIDED MARCH 12, 1962. HEAD, Presiding Justice. The exceptions are to the denial of an interlocutory injunction, the dissolution of a temporary restraining order previously granted, and the order denying the plaintiffs’ motion for a rehearing. The evidence […]

188 S.E.2d 511 HASP v. THE STATE. 27036.Supreme Court of Georgia.SUBMITTED FEBRUARY 15, 1972. DECIDED MARCH 9, 1972. NICHOLS, Justice. 1. While it is error to instruct the jury as to possible sentences in a felony case before a determination of the defendant’s guilt has first been made by the jury (Ga. L. 1970, pp. […]

76 S.E.2d 1 McFARLIN v. SHIRLEY, Sheriff. 18184.Supreme Court of Georgia.SUBMITTED APRIL 13, 1953. DECIDED MAY 14, 1953. 1. “When in the trial of a habeas corpus case, it appears that the respondent holds the petitioner in custody under an executive warrant based upon an extradition proceeding, and the warrant is regular on its face, […]

549 S.E.2d 76 DAVIS v. LABREC. S00G1296.Supreme Court of Georgia. DECIDED: JUNE 25, 2001 HUNSTEIN, Justice. We granted petitioner Jonathon Davis’s petition for certiorari to determine whether the parental fitness or best interests of the child test applies to Davis’s petition to legitimate his biological child. Because we hold that the standard to be applied […]

109 S.E.2d 516 HALL et al. v. WHITE, Administrator, et al. 20481.Supreme Court of Georgia.ARGUED MAY 11, 1959. DECIDED JUNE 5, 1959. CANDLER, Justice. Allo Hall and eight others filed a suit in the Superior Court of Richmond County against Henry L. White and Daisy S. White. They prayed for the cancellation of a deed […]

191 S.E.2d 828 SHOWALTER v. SANDLIN. 27265.Supreme Court of Georgia.ARGUED JUNE 12, 1972. DECIDED SEPTEMBER 7, 1972. 1. The motion to dismiss the complaint seeking habeas corpus relief was properly denied. 2. The superior court erred in referring the question of custody to the juvenile court for recommendation and report. Page 406 ARGUED JUNE 12, […]

254 S.E.2d 828 HOROWITZ v. THE STATE. 34456.Supreme Court of Georgia.SUBMITTED JANUARY 12, 1979. DECIDED APRIL 5, 1979. JORDAN, Justice. The appellant was tried and convicted for reckless conduct as defined by Code Ann. § 26-2910. He appeals, contending the statute is unconstitutional. While taking his sports car on a test run through a residential […]

119 S.E.2d 5 BOWER v. CERTAIN-TEED PRODUCTS CORPORATION et al. 21148.Supreme Court of Georgia.ARGUED FEBRUARY 13, 1961. DECIDED MARCH 9, 1961. For the reasons set forth in the opinion, the trial court did not err in sustaining the general demurrers to the petition. ARGUED FEBRUARY 13, 1961 — DECIDED MARCH 9, 1961. Equitable petition. Decatur […]

242 S.E.2d 596 LEDBETTER TRUCKS, INC. v. FLOYD COUNTY BOARD OF TAX ASSESSORS et al. 33067.Supreme Court of Georgia.SUBMITTED JANUARY 27, 1978. DECIDED FEBRUARY 22, 1978. HALL, Justice. We granted certiorari to review the decision of the Court of Appeals in Ledbetter Trucks, Inc. v. Floyd County Bd. of Tax Assessors, 143 Ga. App. 323 […]

507 S.E.2d 438 IN THE MATTER OF MICHAEL ANTHONY GLEAN. S98Y1441.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998. PER CURIAM. This disciplinary proceeding stems from respondent Michael Anthony Glean’s conviction of murder and sentence of life imprisonment. Pursuant to Bar Rule 4-106, a special master was appointed by this Court who recommended acceptance of Glean’s […]

87 S.E.2d 389 GILL v. GILL, administratrix, et al. 18928.Supreme Court of Georgia.SUBMITTED APRIL 11, 1955. DECIDED MAY 9, 1955. HEAD, Justice. 1. “A court of equity shall have concurrent jurisdiction with the ordinary over the settlement of accounts of administrators.” Code § 113-2203. Equity will not interfere with the regular administration of estates at […]

215 S.E.2d 2 JACKSON v. THE STATE. 29750.Supreme Court of Georgia.SUBMITTED MARCH 10, 1975. DECIDED APRIL 8, 1975. JORDAN, Justice. Rudolph Alphonso Jackson was indicted by a Fulton County Grand Jury on May 15, 1973, for the murder of Page 154 Johnny Smith. Jackson waived trial by jury and after hearing evidence the Fulton Superior […]

93 S.E.2d 694 AYERS v. CARDEN et al. 19321.Supreme Court of Georgia.ARGUED MAY 14, 1956. DECIDED JULY 12, 1956. Equity will not reform a deed where to do so would interfere with the interests of a bona fide purchaser without notice of the plaintiff’s claim. ARGUED MAY 14, 1956 — DECIDED JULY 12, 1956. Reformation […]

492 S.E.2d 225 MARTIN v. THE STATE. S97A1052.Supreme Court of Georgia. DECIDED NOVEMBER 3, 1997 — RECONSIDERATION DENIED NOVEMBER 21, 1997. HINES, Justice. John T. Martin, Jr. appeals his convictions for felony murder, aggravated assault, and possession of a firearm by a convicted felon in connection with the fatal shooting of Willie Mae Brown.[1] For […]

7 S.E.2d 911 FRIEDMAN et al. v. CITY OF ATLANTA et al. 13065.Supreme Court of Georgia. MARCH 13, 1940. REHEARING DENIED MARCH 26, 1940. A petition for injunction against enforcement of a municipal ordinance penalizing ownership or operation of pin-ball machines, alleging that the ordinance was invalid under the constitution, did not present a cause […]

553 S.E.2d 789 USRY et al. v. FARR et al. S01A0784.Supreme Court of Georgia. DECIDED: OCTOBER 1, 2001 FLETCHER, Chief Justice. At issue in this appeal is when title to the remainder interest under the will of Watson Usry vested. On summary judgment, the trial court held that the remainder vested at the time of […]

199 S.E.2d 214 DENBY v. BROWN et al. 27804.Supreme Court of Georgia.ARGUED MARCH 12, 1973. DECIDED JUNE 26, 1973. REHEARING DENIED JULY 12, 1973. PER CURIAM. Appellant brought an action below against the City of Tifton and certain of its officials seeking to require the city to permit him to connect his own sanitary sewer […]

204 S.E.2d 173 WAYNE COUNTY BOARD OF EDUCATION v. ANDERSON et al. 28607.Supreme Court of Georgia.SUBMITTED FEBRUARY 11, 1974. DECIDED FEBRUARY 19, 1974. The trial court did not err in dismissing the complaint since the appellant had failed to exhaust its administrative remedies. SUBMITTED FEBRUARY 11, 1974 — DECIDED FEBRUARY 19, 1974. Equitable petition. Wayne […]

342 S.E.2d 467 GIBSON v. PIERCE. 42833.Supreme Court of Georgia. DECIDED MARCH 18, 1986. PER CURIAM. After plenary consideration of this matter (Gibson v. Pierce, 176 Ga. App. 287 (335 S.E.2d 658) (1985)), it is found not to satisfy the criteria for the grant of certiorari and the writ is therefore vacated. All the Justices […]

219 S.E.2d 127 STATESBORO TELEPHONE COMPANY v. GEORGIA PUBLIC SERVICE COMMISSION et al. 30081.Supreme Court of Georgia.ARGUED JULY 9, 1975. DECIDED SEPTEMBER 16, 1975. HILL, Justice. The Georgia Public Service Commission granted a certificate of public convenience and necessity to Bulloch County Rural Telephone Cooperative (“Bulloch”) which competes with a prior certificate held by Statesboro […]

134 S.E.2d 777 S. S. BUILDERS, INC. v. EQUITABLE INVESTMENT CORPORATION. 22145.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1963. DECIDED JANUARY 14, 1964. 1. The allegations of the petition, as amended, clearly establish that the oral construction loan agreement was one of three provisions of a single verbal agreement, the other two of which were later […]

78 S.E.2d 505 FOSKEY et al. v. LAWTON et al. 18383.Supreme Court of Georgia.SUBMITTED OCTOBER 13, 1953. DECIDED NOVEMBER 9, 1953. HEAD, Justice. 1. A remainderman may sell his remainder interest in land. Holman Mule Co. v. Bullard, 175 Ga. 900 (2) (166 S.E. 825); Aycock v. Williams, 185 Ga. 585 (196 S.E. 54). Where […]

21 S.E.2d 64 GOULD v. GOULD. 14073.Supreme Court of Georgia. MAY 21, 1942. REHEARING DENIED JUNE 16, 1942. 1. A deed purporting to convey certain property described only as “all of that certain portion of land on Saint Simons Island, Glynn Co., Ga., bounded as follows, viz.: starting at an oak tree at a point […]

232 S.E.2d 569 SUTTON v. THE STATE. 31877.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1977. DECIDED FEBRUARY 8, 1977. INGRAM, Justice. The appellant, Ozzie Lee Sutton, and Alvin Gary Colbert were indicted by the DeKalb County Grand Jury on three counts of armed robbery. The coindictee, Colbert, entered a plea of guilty and testified against appellant […]

163 S.E.2d 737 DIXON v. THE STATE. 24759.Supreme Court of Georgia.SUBMITTED JULY 9, 1968. DECIDED SEPTEMBER 24, 1968. 1. The assignment of error on the sufficiency of the evidence to support the conviction has been abandoned. 2. The defendant was not prejudiced by the failure of the clerk of the superior court to send notice […]

485 S.E.2d 477 SPENCER v. THE STATE. S97A0721.Supreme Court of Georgia. DECIDED JUNE 2, 1997. HUNSTEIN, Justice, Marvin Spencer was convicted of malice murder, two counts of felony murder, aggravated assault and arson in the death of Pamela Byron. He appeals from the denial of his amended motion for new trial.[1] 1. The jury was […]

469 S.E.2d 171 BANKS ET AL. v. ICI AMERICAS, INC. S95G1887.Supreme Court of Georgia. DECIDED APRIL 29, 1996. HUNSTEIN, Justice. This is the second appearance of this case in this Court. In Banks v. ICI Americas, 264 Ga. 732 (450 S.E.2d 671) (1994) (hereinafter “Banks I“), we adopted a risk-utility analysis as the appropriate test […]

252 S.E.2d 394 JONES v. THE STATE. 34226.Supreme Court of Georgia.ARGUED NOVEMBER 15, 1978. DECIDED JANUARY 4, 1979. HILL, Justice. Terri Jean Jones was tried with Raymond Burgess for the murder of Danny Earl Cotton. The basic facts of the case are recited i Burgess v. State, 242 Ga. 889. Jones’ defense was that although […]

335 S.E.2d 296 IN THE MATTER OF BOB B. BUTLER. SUPREME COURT DISCIPLINARY NO. 298Supreme Court of Georgia. DECIDED OCTOBER 17, 1985. PER CURIAM. Attorney Bob B. Butler was convicted of theft by conversion and his conviction was affirmed on appeal. Butler v. State, 170 Ga. App. 257 (316 S.E.2d 841) (1984). Theft by conversion […]

184 S.E.2d 588 JONES v. SMITH. 26734.Supreme Court of Georgia.SUBMITTED SEPTEMBER 14, 1971. DECIDED OCTOBER 8, 1971. UNDERCOFLER, Justice. This appeal was docketed in this court on July 28, 1971. The enumeration of errors was not filed until August 25, 1971. Under Rule 14 (a) (226 Ga. 905, 911), in effect at the time the […]

403 S.E.2d 804 JONES v. BATES et al. S91A0387.Supreme Court of Georgia. DECIDED MAY 10, 1991. HUNT, Justice. Christopher Jones’ foot was burned by a lamp from which the heat shield had been removed during surgery.[1] At the time of the occurrence, August 30, 1985, Jones was 16 years old. His 18th birthday was May […]

236 S.E.2d 361 BENSON-CORWIN, INC. v. COBB COUNTY SCHOOL DISTRICT et al. 32247.Supreme Court of Georgia.ARGUED MAY 10, 1977. DECIDED JUNE 8, 1977. INGRAM, Justice. Appellant’s property was annexed into the City of Marietta from the unincorporated area of Cobb County. Page 200 Thereafter, the assessed value of appellant’s property was increased by the county […]

457 S.E.2d 816 CLUB SOUTHERN BURLESQUE, INC. v. CITY OF CARROLLTON. S95A0432.Supreme Court of Georgia. DECIDED JUNE 5, 1995. RECONSIDERATION DENIED JUNE 30, 1995. CARLEY, Justice. After the constitutionality of its adult entertainment ordinances was successfully challenged by appellant’s predecessor in Yarbrough v. City of Carrollton, 262 Ga. 444 (421 S.E.2d 72) (1992), appellee City […]

492 S.E.2d 874 POWELL v. EMORY UNIVERSITY, et al. S97A0942.Supreme Court of Georgia. DECIDED NOVEMBER 17, 1997 HINES, Justice. Powell appeals the grant of partial summary judgment to Emory University on his claims of implied trust and equitable rescission of a gift of land he made to Emory, and the denial of his motion for […]

492 S.E.2d 513 IN THE MATTER OF ROBERT G. FIERER S97Y1633.Supreme Court of Georgia. DECIDED OCTOBER 6, 1997 PER CURIAM. Robert Fierer filed a petition for the voluntary surrender of his license to practice law in this State. He based his petition upon his guilty pleas, in federal court, to evading a portion of federal […]

126 S.E.2d 655 CITY OF DUBLIN v. HOBBS. 21698.Supreme Court of Georgia.ARGUED JUNE 12, 1962. DECIDED JUNE 25, 1962. DUCKWORTH, Chief Justice. This is an action for injunctive relief brought by a taxpayer against the City of Dublin, praying for the abatement of a public nuisance, which allegedly is specially injurious to the petitioner, the […]

218 S.E.2d 776 GLASS v. THE STATE. 29947.Supreme Court of Georgia.SUBMITTED MAY 15, 1975. DECIDED SEPTEMBER 11, 1975. JORDAN, Justice. The appellant was convicted of murder, sentenced to life imprisonment and appeals. Appellant, Dorsey Lee Glass, and Evelyn Henderson had lived together for eight years in Mrs. Henderson’s side of a duplex in Atlanta. The […]

242 S.E.2d 116 In re COMPLAINT AGAINST MARK DUNAHOO, SENIOR JUDGE OF THE SUPERIOR COURTS. 33393.Supreme Court of Georgia. DECIDED JANUARY 31, 1978. MARSHALL, Justice. A complaint filed with the Judicial Qualifications Commission against Judge Mark Dunahoo, of the Superior Courts of the Piedmont Judicial Circuit[1] was investigated and heard by the commission pursuant to […]

414 S.E.2d 654 IN THE MATTER OF KITTRICH R. SCHILKE. SUPREME COURT DISCIPLINARY NO. 932.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1992. PER CURIAM. Kittrich R. Schilke has petitioned for voluntary surrender of his license to practice law in the State of Georgia. His petition is based upon his plea of guilty to a felony […]