Category: Georgia Supreme Court Opinions

199 S.E.2d 902 PITTS v. GENERAL MOTORS ACCEPTANCE CORPORATION. 28065.Supreme Court of Georgia.ARGUED JULY 10, 1973. DECIDED SEPTEMBER 15, 1973. Since the constitutional question does not conform to the requirement that it be necessary to the determination of the case, and was not raised in the trial court, it was therefore improperly certified to this […]

263 S.E.2d 916 MOSES v. THE STATE. 35679.Supreme Court of Georgia.ARGUED JANUARY 15, 1980. DECIDED FEBRUARY 5, 1980. BOWLES, Justice. George Robert Moses was indicted in Walker County during the November Term 1978, for the murder of his sister, Mackey Elaine Caldwell. Following a jury trial he was found guilty and sentenced to life imprisonment. […]

182 S.E.2d 99 BROWN v. BUTTS. 26487.Supreme Court of Georgia.ARGUED APRIL 13, 1971. DECIDED MAY 6, 1971. UNDERCOFLER, Justice. The issue here is whether a nuncupative will may be probated where the testatrix thereafter signed a paper setting forth a disposition of her property. The evidence shows: On Sunday, March 8, 1970, about midnight Eliza […]

144 S.E.2d 369 RICKS v. THE STATE. 23060.Supreme Court of Georgia.ARGUED JULY 13, 1965. DECIDED SEPTEMBER 13, 1965. COOK, Justice. This case is controlled by the decision in Kitchens v. State, ante. Writ of error dismissed. All the Justices concur. ARGUED JULY 13, 1965 — DECIDED SEPTEMBER 13, 1965. Appellate procedure. Colquitt City Court. Before […]

257 S.E.2d 509 ALMOND v. ALMOND. 34979.Supreme Court of Georgia.SUBMITTED JUNE 1, 1979. DECIDED JUNE 20, 1979. REHEARING DENIED JULY 17, 1979. PER CURIAM. The husband appeals the trial court’s judgment holding him in contempt for failure to pay child support. His claim that he has been denied due process because the trial court heard […]

256 S.E.2d 331 BRADHAM v. THE STATE. 34517.Supreme Court of Georgia.SUBMITTED MARCH 2, 1979. DECIDED APRIL 24, 1979. REHEARING DENIED MAY 29, 1979. PER CURIAM. We granted certiorari to review Divisions 2, 3, 4, 5 and 6 of the Court of Appeals opinion issued in Bradham v. State, 148 Ga. App. 89 (250 S.E.2d 801) […]

403 S.E.2d 812 DISMUKE v. THE STATE. S91A0130.Supreme Court of Georgia. DECIDED MAY 13, 1991. SMITH, Presiding Justice. The appellant, Marvin Dewayne Dismuke, shot and killed Francisco Luna at Pop’s Game Room in Moultrie, Georgia. An exchange of words escalated into a confrontation in which Dismuke initially wielded a pool cue, and the victim wielded […]

392 S.E.2d 6 WITCHER v. PENDER. S90G0456.Supreme Court of Georgia. DECIDED JUNE 8, 1990. CLARKE, Chief Justice. We granted a writ of certiorari in this case to decide whether the first offender record of an adverse witness in a civil case is admissible to show his conviction of a felony or crime of moral turpitude […]

172 S.E.2d 605 WOLLWEBER v. MARTIN, Sheriff. 25550.Supreme Court of Georgia.ARGUED DECEMBER 9, 1969. DECIDED JANUARY 8, 1970. 1. There is no merit in the attacks made on the Governor’s warrant of arrest. 2. The appellant was not entitled to discharge upon the ground of lack of identification. 3. The trial court properly remanded appellant […]

695 S.E.2d 208 LIZANA v. THE STATE. No. S10A0382.Supreme Court of Georgia. DECIDED MAY 17, 2010. CARLEY, Presiding Justice. After a jury trial, Ricardo Ray Lizana was acquitted of malice murder and found guilty of the felony murder of Kelly Woods while in the commission of aggravated assault. The trial court entered judgment of conviction […]

602 S.E.2d 566 BURGESS v. THE STATE. S04A0883.Supreme Court of Georgia. DECIDED SEPTEMBER 13, 2004. SEARS, Presiding Justice. The appellant, Larry Burgess, and co-defendants Charles Harris and Leviticus Swift were indicted jointly for numerous crimes, including murder, stemming from the shooting of Deanthony Carter. Harris pled guilty to lesser charges than murder, and agreed to […]

22 S.E.2d 318 CITY OF CEDARTOWN et al. v. PICKETT. 14264.Supreme Court of Georgia. SEPTEMBER 21, 1942. 1. The judgment which it is sought to review by direct bill of exceptions is one granting a stay of proceedings in behalf of the plaintiff in an equity suit, on the ground that he is in the […]

105 S.E.2d 330 WILLIAMS v. THE STATE. 20194.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1958. DECIDED OCTOBER 10, 1958. HEAD, Justice. While the evidence to support the conviction of the defendant as a principal in the second degree is not entirely satisfactory, this court can not say as a matter of law that the State’s evidence, […]

262 S.E.2d 51 EAST LANDS, INC. v. FLOYD COUNTY et al. 35178.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1979. DECIDED OCTOBER 16, 1979. REHEARING DENIED NOVEMBER 26, 1979. MARSHALL, Justice. The plaintiff, East Lands, Inc., attacks as unconstitutional a zoning ordinance of the Floyd County Board of Commissioners. This zoning ordinance prohibits the plaintiff’s optionee from […]

195 S.E.2d 427 DeKALB COUNTY et al. v. ATLANTA GAS LIGHT COMPANY. DeKALB COUNTY et al. v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY. DeKALB COUNTY et al. v. GEORGIA POWER COMPANY. 27547, 27548, 27549.Supreme Court of Georgia.SUBMITTED NOVEMBER 14, 1972. DECIDED JANUARY 4, 1973. REHEARING DENIED JANUARY 22, 1973. Page 66 The trial court did not […]

33 S.E.2d 325 WATKINS v. THE STATE. 15050.Supreme Court of Georgia. FEBRUARY 8, 1945. REHEARING DENIED MARCH 7, 1945. 1. That ground of the motion for new trial which complains that the court erred in overruling the challenge to the array of jurors, is, for the reasons stated in division 6 of the opinion, ruled […]

172 S.E.2d 602 ALLSTATE INSURANCE COMPANY v. AUSTIN. 25558.Supreme Court of Georgia.ARGUED JANUARY 13, 1970. DECIDED FEBRUARY 5, 1970. UNDERCOFLER, Justice. On further consideration of the record in the present case, this court has reached the conclusion that the application for writ of certiorari was improvidently granted, and accordingly the case is Dismissed. All the […]

715 S.E.2d 59 THE STATE v. CLEMENTS; and vice versa. Nos. S11A0628, S11X0699.Supreme Court of Georgia. DECIDED SEPTEMBER 12, 2011. HUNSTEIN, Chief Justice. Derrick Clements was charged with malice murder and other crimes arising out of the 1997 shooting death of Tanika Stevenson. In 1999 a jury acquitted Clements of malice murder but found him […]

202 S.E.2d 69 JACKSON v. CALDWELL. 28394.Supreme Court of Georgia.SUBMITTED OCTOBER 26, 1973. DECIDED NOVEMBER 8, 1973. NICHOLS, Justice. Robert Louis Jackson and three others were jointly indicted for five offenses of armed robbery and one charge of murder. While represented by employed counsel he entered pleas of guilty to each charge and received a […]

312 S.E.2d 114 SHARIF v. TIDWELL HOMES, INC. 40710.Supreme Court of Georgia. DECIDED FEBRUARY 10, 1984. REHEARING DENIED FEBRUARY 21, 1984. GREGORY, Justice. On February 22, 1982, following a jury trial, the trial court entered judgment in favor of Tidwell Homes and against petitioner Sharif in the amount of $20,700. Tidwell Homes (Tidwell) filed a […]

49 S.E.2d 898 SIMPSON v. SIMPSON. 16365.Supreme Court of Georgia. OCTOBER 11, 1948. GROVES, Justice. 1. While no motion has been made to dismiss the writ of error, although counsel for the defendant in error argues in his brief that such should be done, yet “where it appears that this court is without jurisdiction to […]

95 S.E.2d 375 HARDEN et al. v. BELL et al. 19509.Supreme Court of Georgia.SUBMITTED OCTOBER 8, 1956. DECIDED NOVEMBER 14, 1956. MOBLEY, Justice. Paul Bell sued out an attachment against the plaintiffs in error. The attachment was made against “Barto Harden individually J. B. Harden and Bartow Harden as guardian for J. B. Harden,” and […]

452 S.E.2d 484 MOORE et al. v. DIXON; and vice versa. S94A1079, S94X1128.Supreme Court of Georgia. DECIDED NOVEMBER 11, 1994. RECONSIDERATION DENIED DECEMBER 20, 1994. CARLEY, Justice. Harlon and Emma Harris are the previous owners of property upon which they operated a mobile home park and a “public water system” as defined in the Georgia […]

705 S.E.2d 154 THE STATE v. MIZELL. No. S10A2064.Supreme Court of Georgia. DECIDED JANUARY 24, 2011. NAHMIAS, Justice. Willie Mizell was convicted of malice murder and other crimes in May 2005. Almost five years later, the trial court granted Mizell a new trial. Several months after that, the trial court granted Mizell’s motion to dismiss […]

67 S.E.2d 578 COLEMAN v. THE STATE. 17637.Supreme Court of Georgia.SUBMITTED OCTOBER 9, 1951. DECIDED NOVEMBER 14, 1951. DUCKWORTH, Chief Justice. 1. Since there was evidence to the effect that the killing charged in the indictment was accidental, the court should have charged, without request, the law relating to misfortune or accident as stated in […]

583 S.E.2d 853 TUBBS v. THE STATE S03A0935.Supreme Court of Georgia. Decided July 10, 2003 CARLEY, Justice. The grand jury indicted Keiotta Tubbs for two counts of malice murder and four counts of felony murder involving two victims. The District Attorney is seeking the death penalty. Tubbs opted for discovery pursuant to OCGA § 17-16-2(a) […]

37 S.E.2d 367 SMITH v. SMITH et al. 15384.Supreme Court of Georgia. FEBRUARY 21, 1946. 1. Under the 10th and 11th items of the will in question an estate for the life of testatrix’s son, Horace Sr., was created, with a vested remainder over to the grandchild of testatrix, Horace Jr., who was in life […]

130 S.E.2d 131 GABRIEL v. GABRIEL. 21953.Supreme Court of Georgia.ARGUED FEBRUARY 11, 1963. DECIDED MARCH 7, 1963. DUCKWORTH, Chief Justice. The sole exception is to a judgment holding the former husband in contempt for failing to pay alimony as provided in the agreement between the husband and wife and made a part of the final […]

263 S.E.2d 441 WASHINGTON v. THE STATE. 35537.Supreme Court of Georgia.SUBMITTED OCTOBER 12, 1979. DECIDED JANUARY 24, 1980. HILL, Justice. Defendant was tried and convicted of malice murder and three counts of aggravated assault. After the jury was unable to reach a decision on the imposition of the death penalty, the trial court sentenced the […]

114 S.E.2d 125 STATE HIGHWAY DEPARTMENT OF GEORGIA v. McCLAIN et al. 20766.Supreme Court of Georgia.ARGUED JANUARY 11, 1960. DECIDED APRIL 12, 1960. REHEARING DENIED APRIL 27, 1960. CANDLER, Justice. L. S. McClain, Mrs. Betty Watson Free, and Mrs. Martha Oakes filed separate suits for damages in the City Court of Albany against Dougherty County, […]

276 S.E.2d 586 MEAD CORPORATION v. STRICKLAND. 37230.Supreme Court of Georgia. DECIDED APRIL 8, 1981. REHEARING DENIED APRIL 21, 1981. UNDERCOFLER, Justice. Mead Packaging Corporation makes cardboard beverage cartons in an Atlanta manufacturing plant using B-11 presses. It purchases the steel dies used to cut and score the cardboard from Chempar Corporation in Pennsylvania, which […]

377 S.E.2d 859 SHAHAN et al. v. SCOTT et al. 46562.Supreme Court of Georgia. DECIDED APRIL 6, 1989. MARSHALL, Chief Justice. This case is here on certiorari. Shahan v. Scott, 189 Ga. App. 514 (376 S.E.2d 221) (1988). Certiorari was granted for the purpose of determining whether, under the service-of-process provisions of the Long Arm […]

325 S.E.2d 362 SMITH v. FRANCIS (two cases). 41276, 41504.Supreme Court of Georgia. DECIDED JANUARY 29, 1985. REHEARING DENIED FEBRUARY 19, 1985. HILL, Chief Justice. William Alvin Smith was convicted of the murder and armed robbery of Daniel Turner and sentenced to death. Smith v. State, 249 Ga. 228 (290 S.E.2d 43) (1982), cert. denied, […]

544 S.E.2d 130 THE STATE v. HARTRAMPF et al. S00A2081.Supreme Court of Georgia. DECIDED: MARCH 2, 2001 HINES, Justice. Hartrampf and Action Outdoor Advertising, LLC, were charged with 168 criminal violations of Cobb County’s sign ordinances. The alleged violations stem from Sign Ordinance § 134-346, which regulates the conditions under which existing off-premises advertising signs […]

627 S.E.2d 36 SHERROD v. THE STATE. S05A1952.Supreme Court of Georgia. DECIDED FEBRUARY 27, 2006. HINES, Justice. Chrissy Renae Sherrod appeals her conviction for theft by conversion of leased property, asserting that OCGA §16-8-4 (c) (2) is unconstitutional. Finding that OCGA §16-8-4 (c) (2) imposes an unconstitutional mandatory presumption, we reverse. The State charged Sherrod […]

412 S.E.2d 534 BRADFORD v. THE STATE. S91A1663.Supreme Court of Georgia. DECIDED FEBRUARY 4, 1992. BENHAM, Justice. Appellant was convicted of malice murder, aggravated assault, two counts of armed robbery, and possession of a firearm during the commission of the crimes.[1] Page 834 1. The convictions involve the armed robbery and murder of a convenience […]

164 S.E.2d 821 McLANE v. McLANE. 24897.Supreme Court of Georgia.ARGUED OCTOBER 14, 1968. DECIDED NOVEMBER 7, 1968. MOBLEY, Justice. The question here is whether the judgment in a divorce, alimony, and custody action, denying the wife alimony and awarding certain property to her, is based on an inconsistent, ambiguous, and repugnant verdict. The husband contends […]

47 S.E.2d 73 LANKFORD et al. v. MILHOLLIN et al. 16071.Supreme Court of Georgia. FEBRUARY 10, 1948. REHEARING DENIED MARCH 19, 1948. DUCKWORTH, Presiding Justice. In a suit against cotenants for an accounting and for rents and profits, the defendants filed a cross-action for partition by sale of the common property. The trial court rendered […]

298 S.E.2d 508 IN THE MATTER OF MORTON. SUPREME COURT DISCIPLINARY NO. 264.Supreme Court of Georgia. DECIDED JANUARY 6, 1983. PER CURIAM. William Douglas Morton, a member of the State Bar of Georgia, has petitioned the State Disciplinary Board for voluntary suspension of his license to practice law on the ground of his conviction in […]

149 S.E.2d 696 PLEASANTS, Guardian ad Litem v. FIRST NATIONAL BANK OF ATLANTA et al. 23548.Supreme Court of Georgia.SUBMITTED JUNE 14, 1966. DECIDED JUNE 23, 1966. QUILLIAN, Justice. The First National Bank of Atlanta as executor of the estate of Mary F. Brantley, deceased, brought a petition for construction of her will. Two provisions of […]

644 S.E.2d 814 ALLEN et al. v. WRIGHT. No. S06G2018.Supreme Court of Georgia. DECIDED MAY 14, 2007. CARLEY, Justice. Ernestine Wright filed a medical malpractice action against Dr. Thomas Allen and others (Appellants). In ostensible compliance with OCGA § 9-11-9.2, Ms. Wright executed an authorization to release her medical records, which she filed contemporaneously with […]

695 S.E.2d 246 WILLIAMS v. THE STATE. No. S10A0488.Supreme Court of Georgia. DECIDED MAY 17, 2010. CARLEY, Presiding Justice. After a jury trial, Hulet Williams was acquitted of malice murder and found guilty of the felony murder of Kenny Ewing and a separate count charging the underlying felony of aggravated assault. The trial court merged […]

480 S.E.2d 838 SMITH v. THE STATE. S96A1580.Supreme Court of Georgia. DECIDED FEBRUARY 17, 1997. BENHAM, Chief Justice. This appeal is from Jimmy Lee Smith’s conviction for felony murder.[1] The victim’s body was found behind a dumpster. Smith’s wife told the police that she saw him cut up a blood-stained square of carpet and wipe […]

168 S.E.2d 160 HENDERSON v. THE STATE. 25128.Supreme Court of Georgia.SUBMITTED APRIL 14, 1969. DECIDED MAY 8, 1969. ALMAND, Presiding Justice. Roosevelt Henderson was arrested on January 13, 1969, under a warrant charging him with robbery. On January 16, 1969, the grand jury returned an indictment charging him with robbery by the use of an […]

37 S.E.2d 203 CARROLL v. THE STATE. 15378.Supreme Court of Georgia. FEBRUARY 19, 1946. ATKINSON, Justice. 1. The evidence was sufficient to authorize the verdict. 2. Upon a trial for murder, where the defense relied upon is that of misfortune or accident, and the court charges this law as defined in the Code, § 26-404, […]

9 S.E.2d 903 GALLOWAY v. MITCHELL COUNTY ELECTRIC MEMBERSHIP CORPORATION et al. 13154.Supreme Court of Georgia. JUNE 11, 1940. 1. Where a superior-court judge is disqualified, and the disqualification is made plainly to appear, the superior-court judge of another circuit may pass on a petition for a temporary restraining order and interlocutory injunction, without any […]

520 S.E.2d 907 NGUYEN v. THE STATE. S99G0014.Supreme Court of Georgia. DECIDED: SEPTEMBER 20, 1999. HUNSTEIN, Justice. Thu Ha Nguyen was convicted of two counts of aggravated assault for the shooting and wounding of her husband and stepdaughter. The Court of Appeals affirmed her conviction, holding that the trial court properly excluded expert testimony on […]

177 S.E.2d 705 SEIBERS et al. v. MORRIS. 25899.Supreme Court of Georgia.ARGUED JULY 15, 1970. DECIDED OCTOBER 22, 1970. HAWES, Justice. In their amended complaint the plaintiffs sought to have their right to the possession of a described cemetery lot declared to be paramount over the right of the defendant; to have a wall placed […]

421 S.E.2d 523 BRADFORD v. THE STATE. S92A0898.Supreme Court of Georgia. DECIDED OCTOBER 8, 1992. RECONSIDERATION DENIED NOVEMBER 6, 1992. BENHAM, Justice. Appellant was convicted of malice murder, aggravated assault, and two counts of armed robbery.[1] The convictions arose from the armed robbery and murder of a convenience store clerk in the late-night hours of […]

132 S.E.2d 671 CHOATE v. CHOATE. 22110.Supreme Court of Georgia.ARGUED JULY 9, 1963. DECIDED SEPTEMBER 5, 1963. The trial court was without jurisdiction to determine, upon the husband’s motion, whether he had complied with a temporary alimony judgment. ARGUED JULY 9, 1963 — DECIDED SEPTEMBER 5, 1963. Alimony; motion to determine status of award. Fulton […]

306 S.E.2d 920 WRIGHT v. THE STATE. 39823.Supreme Court of Georgia. DECIDED SEPTEMBER 21, 1983. BELL, Justice. On February 10, 1981 a Floyd County grand jury indicted appellant for the offenses of armed robbery and murder. He was subsequently convicted of both, and on March 1, 1983 filed his notice of appeal. That same day […]

144 S.E.2d 758 DUNN v. DUNN. 23055.Supreme Court of Georgia.SUBMITTED JULY 13, 1965. DECIDED SEPTEMBER 13, 1965. REHEARING DENIED OCTOBER 7, 1965. 1. There must be personal service of motions for new trial unless service is waived, and where as here there was no waiver of service and service was purportedly by mail, there was […]

56 S.E.2d 624 TILLMAN et al v. MAYOR c. OF ATHENS. 16872.Supreme Court of Georgia. NOVEMBER 16, 1949. REHEARING DENIED DECEMBER 1, 19, 1949. Where lands of a city are dedicated to a particular public use, and citizens contribute money for necessary improvements to effectuate such use, the city may not revoke at will the […]

235 S.E.2d 15 MITCHELL v. DODD. 32121.Supreme Court of Georgia.ARGUED MARCH 21, 1977. DECIDED APRIL 20, 1977. HALL, Justice. This is an appeal from the dismissal of a writ of habeas corpus which sought appellant’s release from extradition proceedings initiated by New Hampshire. The appellant was arrested in Gwinnett County Page 639 pursuant to a […]

288 S.E.2d 198 WHITEMARSH CONTRACTORS, INC. v. WELLS et al. 38207.Supreme Court of Georgia. DECIDED MARCH 2, 1982. REHEARING DENIED MARCH 23, 1982. JORDAN, Chief Justice. At issue are the tests which should have been applied by the trial court in considering whether or not to grant the defendant Wells’ motion to withdraw admissions resulting […]

667 S.E.2d 366 CLEAVELAND v. GANNON et al. ENTREKIN et al. v. GANNON et al. No. S08G0721 S08G0713.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2008. CARLEY, Justice. In June of 2000, William Gannon underwent an appendectomy. In connection with that procedure, a CT scan was performed which showed two masses in his left kidney. Urinalysis […]

336 S.E.2d 246 ROBERTS v. THE STATE. 42394.Supreme Court of Georgia. DECIDED NOVEMBER 19, 1985. HILL, Chief Justice. In this murder case, the defendant raises one enumeration of error: that the trial court erred in overruling his motion in limine and admitting into evidence the defendant’s prior conviction for voluntary manslaughter. Although the trial court […]

528 S.E.2d 232 JACKSON. v. THE STATE. S99A1283.Supreme Court of Georgia. DECIDED: MARCH 13, 2000. HINES, Justice. Dequinton Bernard Jackson was convicted of malice murder, feticide, armed robbery, aggravated battery, and participation in criminal gang activity by a person under 18 years of age, in connection with the death of Wendy Hearn. For the reasons […]

210 S.E.2d 9 WHITWORTH v. WHITWORTH et al. 29049.Supreme Court of Georgia.ARGUED SEPTEMBER 9, 1974. DECIDED OCTOBER 17, 1974. HALL, Justice. This is an appeal with a certificate from the denial of a summary judgment motion. In 1952 Louise P. McFarland conveyed by warranty deed a 91.3-acre tract of land in Franklin County to Carl […]

57 S.E.2d 563 ANDERSON v. THE STATE. 16981.Supreme Court of Georgia. FEBRUARY 15, 1950. DUCKWORTH, Chief Justice. 1. Where evidence is admissible to show motive and to connect the accused with the crime charged, the mere fact that it may tend incidentally to put the character of the accused in issue would not render it […]

526 S.E.2d 333 WALTON v. THE STATE. WILLIAMS v. THE STATE. S99A1471, S99A1472.Supreme Court of Georgia. DECIDED: FEBRUARY 14, 2000 THOMPSON, Justice. A jury convicted Terry Walton and Terrence Williams of malice murder. These appeals followed the denial of their motions for new trial.[1] Viewing the evidence in a light favorable to the jury’s verdict, […]

667 S.E.2d 54 ALLEN v. THE STATE. No. S08A0889.Supreme Court of Georgia. DECIDED SEPTEMBER 22, 2008. HINES, Justice. A jury found Willie Germone Allen guilty of malice murder, felony murder while in the commission of aggravated assault, kidnapping, burglary, and possession of a firearm during the commission of a crime in connection with the fatal […]

153 S.E.2d 178 BUFFORD v. BUFFORD. 23907.Supreme Court of Georgia.SUBMITTED FEBRUARY 13, 1967. DECIDED FEBRUARY 23, 1967. NICHOLS, Justice. Tom Webb Bufford filed suit for divorce against Eva Rorie Bufford in Wilkes County, Georgia. Service was perfected upon the defendant in Fulton County, Georgia. The defendant filed a plea to the jurisdiction in which she […]

177 S.E.2d 653 COX ENTERPRISES, INC. et al. v. SOUTHLAND, INC. 26026.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1970. DECIDED OCTOBER 8, 1970. REHEARING DENIED OCTOBER 22, 1970. The trial court should have dismissed the appeal in Southland, Inc. v. Cox Enterprises, Inc., 226 Ga. 798, because of the unreasonable Page 795 delay in filing the […]

287 S.E.2d 539 GOUGE et al. v. CITY OF SNELLVILLE et al. 38052.Supreme Court of Georgia. DECIDED FEBRUARY 23, 1982. JORDAN, Chief Justice. This case concerns the constitutionality of a Snellville zoning ordinance which provides that “structures shall be permitted only in rear yards. …” A structure is defined as “anything constructed or erected on […]

108 S.E.2d 864 HARRELL v. THE STATE. 20437.Supreme Court of Georgia.SUBMITTED APRIL 14, 1959. DECIDED MAY 8, 1959. HEAD, Justice. There was no service of the bill of exceptions. The only waiver or acknowledgment of service was in connection with the presentation of the bill of exceptions to the trial judge for certification, and this […]

360 S.E.2d 266 SHEALEY v. THE STATE. 44716.Supreme Court of Georgia. DECIDED SEPTEMBER 24, 1987. SMITH, Justice. The appellant, Larry Shealey, was indicted along with Eddie Robert Adams and Ray Frank Thornton for the felony murder of Tommy Evon Stroud. Mr. Stroud was shot during the armed robbery of his liquor store. Thornton pleaded guilty […]

108 S.E.2d 706 BURNHAM v. BURNHAM. 20438.Supreme Court of Georgia.ARGUED APRIL 15, 1959. DECIDED MAY 8, 1959. It affirmatively appearing that, even if the judgment of the court below was reversed, the plaintiff in error would derive no benefit from the adjudication, the writ of error will be dismissed. ARGUED APRIL 15, 1959 — DECIDED […]

62 S.E.2d 153 PUGH et al. v. MOORE et al. 17284.Supreme Court of Georgia. NOVEMBER 14, 1950. 1. The petition was sufficient to set forth a cause of action to enjoin the cutting of timber, and the trial court did not err in overruling the defendants’ grounds of demurrer. 2. The exception is to a […]

384 S.E.2d 662 LAWHORNE v. SOLTIS et al. S89A0005.Supreme Court of Georgia. DECIDED OCTOBER 26, 1989. CLARKE, Presiding Justice. This appeal concerns title to land. Appellees sought a declaratory judgment that the property in dispute is part of a certain Lot 34, acquired by appellees by warranty deed in 1981. The trial court found that […]

74 S.E.2d 861 MEEKS v. MEEKS. 18094.Supreme Court of Georgia.ARGUED JANUARY 13, 1953. DECIDED FEBRUARY 24, 1953. 1. An objection to the introduction of evidence can not be made for the first time in this court, but must be presented to and passed upon by the trial court. 2. The plaintiff in error was not […]

686 S.E.2d 93 FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. No. S09G0492.Supreme Court of Georgia. DECIDED OCTOBER 19, 2009. RECONSIDERATION DENIED NOVEMBER 23, 2009. NAHMIAS, Justice. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co., 294 Ga. App. 671 (669 SE2d 658) (2008), to consider whether the Court of Appeals properly interpreted the […]

49 S.E.2d 662 JACKSON v. JACKSON. 16287.Supreme Court of Georgia. SEPTEMBER 14, 1948. Where a judgment awarded alimony to a wife for the benefit of her minor daughter, an execution in favor of the wife individually did not follow the judgment, and accordingly, before being required to pay such execution, the husband was entitled to […]

429 S.E.2d 524 IN THE MATTER OF MICHAEL E. ZADAN. No. S93Y0700.Supreme Court of Georgia. DECIDED MAY 10, 1993. PER CURIAM. Respondent Michael E. Zadan, a member of the Georgia Bar since 1973, was convicted in the United States District Court for the Southern District of California of the felony of Submission of a False […]

15 S.E.2d 509 FLORIDA STATE HOSPITAL FOR THE INSANE et al. v. DURHAM IRON COMPANY. 13756.Supreme Court of Georgia. JUNE 20, 1941. Under the facts of this case the Court of Appeals, and not the Supreme Court, has jurisdiction of the writ of error. No. 13756. JUNE 20, 1941. Attachment. Before Judge Drake. Bainbridge city […]

42 S.E.2d 734 LOCAL UNION No. 3871, UNITED STEEL WORKERS OF AMERICA, et al. v. FORTNER et al. 15799.Supreme Court of Georgia. MAY 13, 1947. DUCKWORTH, Presiding Justice. 1. While previously to the act of 1925 (Ga. L. 1925, p. 97) the judge of the superior court was without authority to pass upon a demurrer […]

376 S.E.2d 184 BURRELL v. THE STATE. 46279.Supreme Court of Georgia. DECIDED FEBRUARY 8, 1989. CLARKE, Presiding Justice. Christopher Omar Burrell was convicted on charges of felony murder, kidnapping with bodily harm and robbery by sudden snatching.[1] He received three life sentences plus ten years. We affirm. On June 23, 1986, seventeen-year-old Kevin Lamar Jackson […]

592 S.E.2d 410 SALAHUDDIN v. THE STATE. S03A1675.Supreme Court of Georgia. DECIDED FEBRUARY 2, 2004. SEARS, Presiding Justice. Appellant Elijah Salahuddin appeals from his convictions for four counts of felony murder,[1] alleging trial court error in (1) the denial of appellant’s motion to bar the trial due to speedy trial violations; (2) the giving of […]

563 S.E.2d 847 KIM v. WALLS. S01G1569.Supreme Court of Georgia. DECIDED: MAY 13, 2002 THOMPSON, Justice. In Walls v. Kim, 250 Ga. App. 259 (549 S.E.2d 797) (2001), the Court of Appeals held that the trial court abused its discretion in refusing to excuse for cause a prospective juror who indicated bias in favor of […]

127 S.E.2d 301 JORDAN v. JORDAN. 21708.Supreme Court of Georgia.SUBMITTED JULY 9, 1962. DECIDED SEPTEMBER 6, 1962. Since no illegal detention existed in a county of the circuit of the trial judge, he did not err in denying the prayer for the issuance of the writ of habeas corpus. SUBMITTED JULY 9, 1962 — DECIDED […]

317 S.E.2d 818 MILLEN v. CALDWELL et al. 40983.Supreme Court of Georgia. DECIDED JUNE 29, 1984. MARSHALL, Presiding Justice. In her job as a housekeeper for Holiday Inn, the appellant, Gwendolyn A. Millen, was required to wear a uniform. All but one of the three uniforms her employer had supplied her with had gotten so […]

314 S.E.2d 880 CRAWFORD v. THE STATE. 40674.Supreme Court of Georgia. DECIDED APRIL 24, 1984. REHEARING DENIED MAY 16, 1984. CLARKE, Justice. Appellant was convicted of the murder of Joann Farrow and sentenced to life in prison. Appellant and the victim had a relationship which resulted in the birth of a child in 1977. On […]

408 S.E.2d 97 GARCIA v. MILLER. S91A0759.Supreme Court of Georgia. DECIDED SEPTEMBER 5, 1991. FLETCHER, Justice. This appeal challenges the right of a state court judge to continue in office after his constitutional term of office ends. We affirm the trial court’s dismissal of the appellant’s petition for quo warranto. Paul B. Garcia, Jr. seeks […]

55 S.E.2d 129 CITY OF ABBEVILLE et al. v. JAY, Solicitor-General, ex rel. SYMS et al. 16740.Supreme Court of Georgia. SEPTEMBER 13, 1949. 1. The petition stated a cause of action for the relief prayed, and for that reason the court did not err in overruling a general demurrer interposed thereto. 2. Under the “rule […]

520 S.E.2d 454 JONES v. THE STATE. FREEMAN v. THE STATE. S99A0579, S99A0581.Supreme Court of Georgia. DECIDED: SEPTEMBER 13, 1999. BENHAM, Chief Justice. These appeals are from the convictions of Lenorance Jones and Timothy Freeman for the felony murder of Nathaniel Hicks and for criminal attempt to commit armed robbery.[1] The evidence presented at trial […]

264 S.E.2d 201 BANK OF CUMMING v. CHAPMAN. 35221.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1979. DECIDED FEBRUARY 20, 1980. UNDERCOFLER, Presiding Justice. This certiorari[1] was granted to review the Court of Appeals reliance upon Yancey Bros. Co. v. Dehco, Inc., 108 Ga. App. 875, 877 (2) (b) (134 S.E.2d 828) (1964), cert. den., which states, […]

302 S.E.2d 547 TURNER ADVERTISING COMPANY v. GARCIA et al. RUTLAND et al. v. GARCIA et al. 39664, 39748.Supreme Court of Georgia. DECIDED MAY 11, 1983. REHEARING DENIED JUNE 1, 1983. HILL, Chief Justice. Guy W. Rutland III, trustee for the M. C. Profit Sharing Plan, Chris V. Brigman, and Robert W. Hughes (hereinafter the […]

710 S.E.2d 551 KITCHENS v. THE STATE. No. S11A0311.Supreme Court of Georgia. DECIDED MAY 31, 2011. BENHAM, Justice. On June 28, 2003, appellant Antonio Maurice Kitchens approached Nicky Samuels outside an Athens-Clarke County apartment complex, pointed a .9mm gun at Samuels, who was unarmed, Page 243 and fatally shot Samuels as he tried to escape.[1] […]

67 S.E.2d 118 BYERS et al. v. LOFTIS. 17603.Supreme Court of Georgia.SUBMITTED SEPTEMBER 12, 1951. DECIDED OCTOBER 10, 1951. WYATT, Justice. W. R. Byers and Louise Byers, plaintiffs in the court below and plaintiffs in error in this court, brought habeas corpus proceedings in the City Court of Gwinnett County against Mrs. H. W. Loftis, […]

311 S.E.2d 816 DORSEY et al. v. WEST et al. 40164.Supreme Court of Georgia. DECIDED JANUARY 31, 1984. REHEARING DENIED FEBRUARY 15, 1984. GREGORY, Justice. In April 1973, the Wests loaned the Dorseys $9,000 at an interest rate of 9%, securing the loan by secondary security deeds. The Dorseys eventually defaulted on the loan. Subsequently […]

296 S.E.2d 54 HOSPITAL AUTHORITY OF BARROW COUNTY v. FIRST NATIONAL BANK OF ATLANTA et al. 39016.Supreme Court of Georgia. DECIDED OCTOBER 19, 1982. MARSHALL, Justice. This is a petition for declaratory judgment by trustees of testamentary trusts established under the will of W. Clair Harris. Trust I of Item XIX of the testator’s will […]

105 S.E.2d 225 McCLUNG v. SCHULTE. 20166.Supreme Court of Georgia.ARGUED SEPTEMBER 10, 1958. DECIDED OCTOBER 10, 1958. The unofficial plat or survey offered in evidence by the plaintiff was not established as correct by any evidence, and it was not admissible as illustrative of the testimony of any witness. (a) The plaintiff’s evidence failed to […]

233 S.E.2d 205 DUTTON v. DUTTON. 31639.Supreme Court of Georgia.SUBMITTED OCTOBER 15, 1976. DECIDED MARCH 2, 1977. GUNTER, Justice. This is the second appearance of this case in this court. I Dutton v. Dutton, 236 Ga. 645 (225 S.E.2d 37) (1976), this court affirmed a contempt judgment and held that dental bills were a part […]

362 S.E.2d 61 COLLINS v. WOODHAM et al. 44959.Supreme Court of Georgia. DECIDED NOVEMBER 25, 1987. WELTNER, Justice. Woodham, who had inquired as to the cost of a marriage license, brought an action against the state revenue commissioner challenging the constitutionality of the Child Abuse and Neglect Prevention Act, Ga. L. 1987, Vol. I, Book […]

186 S.E.2d 534 CARTER v. WITHERSPOON. 26832.Supreme Court of Georgia.ARGUED NOVEMBER 8, 1971. DECIDED DECEMBER 1, 1971. REHEARING DENIED DECEMBER 17, 1971. 1. It was proper to refuse to allow evidence that the grantor’s will was probated. 2. Denial of the plaintiff’s motion to consolidate this with other cases was not error. Page 486 3. […]

686 S.E.2d 648 WILKERSON v. THE STATE. No. S09A0840.Supreme Court of Georgia. DECIDED NOVEMBER 23, 2009. NAHMIAS, Justice. John Wilkerson appeals from his conviction for the murder of Leroy Baker.[1] On appeal, Wilkerson contends, among other things, Page 202 that the evidence is insufficient to support his conviction for murder and that the trial court […]

302 S.E.2d 555 RADFORD v. THE STATE. 39727.Supreme Court of Georgia. DECIDED MAY 12, 1983. REHEARING DENIED JUNE 1, 1983. HILL, Chief Justice. Defendant was found guilty of two counts of aggravated assault and one count of murder in connection with a series of attacks on taxi drivers in Warner Robins. He was sentenced to […]

34 S.E.2d 522 DOOLEY, trustee, v. SAVANNAH BANK TRUST COMPANY, administrator. FISHER v. SAVANNAH BANK TRUST COMPANY, administrator. 15103, 15117.Supreme Court of Georgia. JUNE 6, 1945. 1. Where a defendant filed an answer, admitting allegations in the plaintiff’s petition and asserting affirmative defenses, and the petition was later amended, the admissions in the answer to […]