Category: Georgia Supreme Court Opinions

66 S.E.2d 645 TURNER v. THE STATE. 33551.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1951. MacINTYRE, P. J. “To sustain an accusation charging the offense of keeping and maintaining `a common, ill-governed, and disorderly house, to the encouragement of idleness, gaming and drinking, to the common disturbance of the neighborhood and orderly citizens,’ it […]

250 S.E.2d 843 STATE FARM FIRE CASUALTY COMPANY v. FORDHAM. 56623.Court of Appeals of Georgia.ARGUED SEPTEMBER 7, 1978. DECIDED NOVEMBER 7, 1978. QUILLIAN, Presiding Judge. This is an appeal from a judgment for plaintiff Fordham on a policy of fire insurance with defendant State Farm Fire Casualty Company (State Farm). Plaintiff alleged that her house […]

302 S.E.2d 133 CORNELL v. THE STATE. 65223.Court of Appeals of Georgia. DECIDED MARCH 2, 1983. SHULMAN, Chief Judge. Appellant was convicted in 1974 of armed robbery. He failed to appear for the last day of the trial and was not apprehended until 1980. In a habeas corpus proceeding filed after appellant’s capture, the trial […]

552 S.E.2d 99 PAGE v. THE STATE. A01A0735.Court of Appeals of Georgia. DECIDED: JULY 9, 2001. BLACKBURN, Chief Judge. A jury convicted Prece Page of theft by shoplifting and possession of tools to commit a crime. Due to his three prior shoplifting convictions, two of which were felonies, Page was sentenced as a recidivist. Following […]

672 S.E.2d 494 THE STATE v. CULPEPPER. No. A08A2089.Court of Appeals of Georgia. DECIDED JANUARY 13, 2009. MIKELL, Judge. Elton Ray Culpepper was indicted on charges of trafficking in cocaine, possession of a firearm during the commission of a crime, possession of a firearm by a convicted felon, and possession of marijuana. Culpepper filed a […]

323 S.E.2d 649 LUMBERMEN’S MUTUAL CASUALTY COMPANY, INC. v. PATTILLO CONSTRUCTION COMPANY, INC. 68695.Court of Appeals of Georgia. DECIDED OCTOBER 5, 1984. REHEARING DENIED OCTOBER 29, 1984. SOGNIER, Judge. Lumbermen’s Mutual Casualty Company, as subrogee to Jack Greene, filed suit against Pattillo Construction Company, Inc. (Pattillo) for damages to a building constructed by Pattillo for […]

435 S.E.2d 753 IN THE INTEREST OF J. H., a child. A93A1696.Court of Appeals of Georgia. DECIDED SEPTEMBER 14, 1993. POPE, Chief Judge. Appellant appeals from an order of the Juvenile Court of Fulton County terminating her parental rights with respect to her son J. H. The juvenile court also terminated the parental rights of […]

437 S.E.2d 598 POWELL v. THE STATE. SINGLETON v. THE STATE. A93A1066, A93A1067.Court of Appeals of Georgia. DECIDED AUGUST 12, 1993. RECONSIDERATION DENIED SEPTEMBER 28, 1993. COOPER, Judge. Appellants Willie Powell and Richard Singleton were indicted with two co-defendants for the offenses of aggravated assault, kidnapping with bodily injury and robbery by force. The two […]

601 S.E.2d 433 WELLS v. THE STATE. A04A1297.Court of Appeals of Georgia. DECIDED JUNE 21, 2004. ANDREWS, Presiding Judge. Jerome Wells was found guilty by a jury of theft by receiving stolen property (a stolen handgun), and in a subsequent bifurcated proceeding, was found guilty by the same jury of possession of a firearm by […]

523 S.E.2d 599 TRZEPACZ v. THE STATE. A99A1972.Court of Appeals of Georgia. DECIDED: OCTOBER 18, 1999. ELDRIDGE, Judge. A McIntosh State Court jury found Eugene Trzepacz guilty of misdemeanor assault for throwing a large, wooden board at his neighbor. He appeals his conviction. We affirm. 1. Trzepacz challenges the sufficiency of the evidence introduced against […]

493 S.E.2d 16 MCCLURE v. MASON. A97A0900.Court of Appeals of Georgia. DECIDED OCTOBER 14, 1997. ANDREWS, Chief Judge. Elizabeth Mason, the widow of physician and developer Miles H. Page 798 Mason, Jr., filed an application for year’s support pursuant to OCGA § 53-5-2. Dr. Mason had declared Chapter 11 bankruptcy in 1988, and her petition […]

189 S.E.2d 111 RAUCH et al. v. SHANAHAN. 46915.Court of Appeals of Georgia.ARGUED JANUARY 31, 1972. DECIDED FEBRUARY 21, 1972. REHEARING DENIED MARCH 23, 1972. The evidence in this action for fraud and deceit was sufficient to authorize the verdict. ARGUED JANUARY 31, 1972 — DECIDED FEBRUARY 21, 1972 — REHEARING DENIED MARCH 23, 1972. […]

321 S.E.2d 799 SNEED v. THE STATE. WILLIAMS v. THE STATE. 68751, 68876.Court of Appeals of Georgia. DECIDED SEPTEMBER 7, 1984. POPE, Judge. After a joint trial by jury, appellants Sneed and Williams appeal their convictions for possession of marijuana in violation of the Georgia Controlled Substances Act. 1. Appellants’ initial enumerations of error raise […]

134 S.E.2d 863 DIXIE AUTO INSURANCE COMPANY v. SMITH. 40462.Court of Appeals of Georgia. DECIDED JANUARY 27, 1964. PANNELL, Judge. 1. A policy of insurance in which the insurer agrees “to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages . . . sustained by […]

6 S.E.2d 108 QUILLIAN, trustee, v. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES. 27808.Court of Appeals of Georgia. DECIDED NOVEMBER 25, 1939. 1. Where the language in an insurance policy fixing the extent of the liability of the insurer is plain and without ambiguity, and but one reasonable construction is possible, the courts may […]

530 S.E.2d 2 WOODSON v. THE STATE. A99A2110.Court of Appeals of Georgia. DECIDED: JANUARY 25, 2000. MILLER, Judge. A jury found Willie Woodson guilty of burglary, battery, kidnapping, aggravated assault with the intent to rape, and aggravated assault with a deadly weapon. After considering Woodson’s five prior out-of-state felony convictions, the court imposed maximum consecutive […]

139 S.E.2d 138 CHURCHES HOMES FOR BUSINESS GIRLS, INC. v. MANGET FOUNDATION, INC. 40820.Court of Appeals of Georgia. DECIDED OCTOBER 8, 1964. REHEARING DENIED OCTOBER 26, 1964. The trial court did not err in granting the plaintiff’s motion for summary judgment. DECIDED OCTOBER 8, 1964 — REHEARING DENIED OCTOBER 26, 1964. Complaint, Fulton Superior Court. […]

702 S.E.2d 768 BLAZI et al. v. RICH et al. No. A10A1154.Court of Appeals of Georgia. DECIDED OCTOBER 20, 2010. POPE, Senior Appellate Judge. In this litigation arising out of the purchase and sale of a residential home, Gregg A. Rich and Charity Faith Rich sued Grey Wolf Homes, LLC and Eric Blazi for breach […]

276 S.E.2d 684 CHESTER v. THE STATE. 61111.Court of Appeals of Georgia. DECIDED JANUARY 20, 1981. BANKE, Judge. The appellant appeals his conviction for robbery. The sole enumeration of error concerns the admission into evidence of an incriminating statement made by the appellant over objection that his right to counsel and to remain silent had […]

335 S.E.2d 746 McKINNEY v. THE STATE. 69552.Court of Appeals of Georgia. DECIDED SEPTEMBER 6, 1985. SOGNIER, Judge. In McKinney v. State, 254 Ga. 503 (330 S.E.2d 804) (1985), the Supreme Court reversed the decision of this court on the ground that when a defendant in a felony case had used all of his peremptory […]

65 S.E.2d 629 ATLANTIC COAST LINE R. CO. v. CHAPMAN. 33537.Court of Appeals of Georgia. DECIDED JUNE 9, 1951. 1, 2. The court did not err in authorizing the jury to find that the defendant had violated the provision of the Safety Appliance Act in not having a car equipped with couplers which could be […]

344 S.E.2d 667 WATSON v. THE STATE (two cases). 72236, 72237.Court of Appeals of Georgia. DECIDED APRIL 7, 1986. REHEARINGS DENIED APRIL 15, 1986 AND APRIL 18, 1986. DEEN, Presiding Judge. The appellant, James Alton Watson, was convicted of simple assault and aggravated assault with the intent to rape, for which he was sentenced to […]

513 S.E.2d 294 GREIG v. PUTNAM COUNTY et al. A99A0844.Court of Appeals of Georgia. DECIDED: MARCH 4, 1999 McMURRAY, Presiding Judge. Appellant Victor Greig was tried in the Magistrate Court of Putnam County and convicted of four (4) violations of Putnam County’s Zoning Ordinances of 1997. Appellant Greig filed a notice of appeal in that […]

106 S.E.2d 315 BRAY v. CROSS. 37213.Court of Appeals of Georgia. DECIDED SEPTEMBER 22, 1958. REHEARING DENIED NOVEMBER 13, 1958. Each count of the petition set forth a cause of action against the defendant and the trial court did not err in overruling the general demurrers thereto. Page 613 DECIDED SEPTEMBER 22, 1958 — REHEARING […]

55 S.E.2d 725 INGRAM v. BARFIELD et al. 32714.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1949. REHEARING DENIED OCTOBER 28, 1949. 1. In a suit by a materialman to foreclose his lien for material furnished a contractor for the improvement of real estate of others, the owners of such real estate may defend by […]

472 S.E.2d 507 CRIDER’S FURS, INC. ET AL. v. ATKINSON. A96A0456.Court of Appeals of Georgia. DECIDED JUNE 11, 1996. JOHNSON, Judge. Kevin Atkinson injured his back while working for Crider’s Furs in December 1992. He underwent back surgery in March 1993. Although Atkinson continued to experience pain and movement limitations related to his back condition, […]

560 S.E.2d 76 HALL v. BAILEY. A01A2442.Court of Appeals of Georgia. DECIDED: FEBRUARY 6, 2002. ANDREWS, Presiding Judge. The trial court apportioned settlement proceeds from the wrongful death of Morocco Hall between the surviving divorced parents of the deceased pursuant to O.C.G.A. § 19-7-1 (c)(6). After hearing evidence from both parties, the court awarded 95% […]

213 S.E.2d 485 CHECKER CAB COMPANY, INC. et al. v. FEDOR. 49988.Court of Appeals of Georgia.ARGUED JANUARY 13, 1975. DECIDED FEBRUARY 7, 1975. REHEARING DENIED FEBRUARY 19, 1975. STOLZ, Judge. This case arose from a collision between a motorcycle, operated by plaintiff (appellee) and an automobile owned by defendant Checker Cab Co. and operated by […]

278 S.E.2d 154 MOSLEY v. THE STATE. 61011.Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1981. SOGNIER, Judge. Mosley was convicted in the Superior Court of Fulton County of voluntary manslaughter. He appeals (1) on the general grounds and (2) contends the trial court erred in allowing a state exhibit, a written statement by appellant, […]

561 S.E.2d 493 THOMPSON v. ZWIREN et al. A01A1931.Court of Appeals of Georgia. DECIDED: MARCH 12, 2002. [EDITORS’ NOTE: THIS OPINION HAS BEEN VACATED AND MAY BE CITED IN ANOTHER OFFICIAL REPORTER.] In Zwiren v. Thompson, ___ Ga. ___ (__ S.E.2d __) (2003) (Case No. S02G1063; decided March 27, 2003) the Supreme Court reversed the […]

308 S.E.2d 20 HUFF v. THE STATE. 66374.Court of Appeals of Georgia. DECIDED SEPTEMBER 9, 1983. POPE, Judge. After a trial by jury, appellant was convicted of the offense of theft by sudden snatching and was sentenced to twelve years imprisonment. Appellant’s sole enumeration of error raises the general grounds. The offense for which appellant […]

470 S.E.2d 486 KNIGHT v. THE STATE A96A0511Court of Appeals of Georgia. DECIDED APRIL 1, 1996 JOHNSON, Judge. Gus Knight was convicted of selling cocaine. The trial judge sentenced Knight to the maximum term of thirty years imprisonment as authorized by OCGA § 16-13-30 (d). Knight appeals, arguing that the judge failed to exercise his […]

307 S.E.2d 138 SHAW v. THE STATE. 64079.Court of Appeals of Georgia. DECIDED JULY 22, 1983. CARLEY, Judge. In Shaw v. State, 163 Ga. App. 615 (294 S.E.2d 676) (1982), we affirmed appellant’s conviction. On certiorari, the Supreme Court, holding that the trial court erred in denying appellant’s request for a continuance, reversed the judgment […]

634 S.E.2d 129 EASTERN CAR LINER, LTD. et al. v. KYLES. No. A06A0677.Court of Appeals of Georgia. DECIDED JULY 10, 2006. ADAMS, Judge. Eastern Car Liner, Ltd. (ECL) and Albar Shipping Trading Corporation (Albar) appeal from the trial court’s denial of ECL’s motion for summary judgment and both parties’ motion for partial summary judgment. Our […]

349 S.E.2d 777 LOFTIN v. THE STATE. 72606.Court of Appeals of Georgia. DECIDED SEPTEMBER 30, 1986. REHEARING DENIED OCTOBER 21, 1986. CARLEY, Judge. Appellant was indicted for murder, tried by a jury, and found guilty but mentally ill of voluntary manslaughter. Following the denial of her motion for new trial, appellant appeals from the judgment […]

157 S.E.2d 816 EVANS v. AMERICAN NATIONAL BANK TRUST COMPANY. 43028.Court of Appeals of Georgia.SUBMITTED SEPTEMBER 11, 1967. DECIDED OCTOBER 6, 1967. DEEN, Judge. Evans Motors, a corporation owned and operated by the defendant C. F. Evans, sold James Perry an automobile under an installment sale contract containing the following provision among others: “Buyer will […]

552 S.E.2d 479 DANIEL v. DANIEL. A01AO363.Court of Appeals of Georgia. DECIDED: JULY 9, 2001. BLACKBURN, Chief Judge. In this case involving a modification of Suzanne K. Daniel’s and Marvin C. Daniel’s joint legal custody[1] over their daughter, Suzanne Daniel appeals the trial court’s order granting decision making authority over educational matters to her husband, […]

496 S.E.2d 346 GUSTAFSON v. COTTON STATES MUTUAL INSURANCE COMPANY. A97A1946.Court of Appeals of Georgia. DECIDED JANUARY 23, 1998. JOHNSON, Judge. Insureds William and Sarah Gustafson appeal the grant of summary judgment to Cotton States Mutual Insurance Company. The superior court found the Gustafsons made false statements on their application for insurance which were material […]

221 S.E.2d 228 DENT v. THE STATE. 50717.Court of Appeals of Georgia.ARGUED JUNE 2, 1975. DECIDED OCTOBER 28, 1975. MARSHALL, Judge. Appellant was convicted, contrary to his plea, of theft by taking and sentenced to eight years confinement in the penitentiary. He appeals from the conviction and from the denial of his motion for new […]

235 S.E.2d 390 TUCKER v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY et al. 56644.Court of Appeals of Georgia.ARGUED OCTOBER 16, 1978. DECIDED JANUARY 15, 1979. REHEARING DENIED FEBRUARY 9, 1979. McMURRAY, Judge. Plaintiff Tucker contracted with defendant Southern Bell Telephone Telegraph Company for the publishing of an advertisement in the yellow pages section of certain telephone […]

28 S.E.2d 586 TRICE v. THE STATE. 30302.Court of Appeals of Georgia. DECIDED JANUARY 5, 1944. BROYLES, C. J. The defendant was convicted of the offense of shooting at another. The evidence for the State authorized the verdict. The accused introduced no evidence, and failed to make a statement to the jury. The court did […]

495 S.E.2d 583 JOHNSON et al. v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY. A97A1799.Court of Appeals of Georgia. DECIDED JANUARY 8, 1998. JOHNSON, Judge. Jimmy Johnson and his wife, Willie Johnson, sued Metropolitan Atlanta Rapid Transit Authority (“MARTA”) for personal injuries sustained by Jimmy Johnson and for loss of consortium. The action arose from the stabbing […]

383 S.E.2d 149 REESE v. THE STATE. A89A0386.Court of Appeals of Georgia. DECIDED MAY 22, 1989. REHEARING DENIED JUNE 19, 1989. BENHAM, Judge. Appellant was convicted of possession with intent to distribute cocaine. On appeal, he challenges the sufficiency of the evidence and a ruling by the trial court. We find no error and affirm […]

142 S.E.2d 335 FAIR v. THE STATE. 40587.Court of Appeals of Georgia.ARGUED MARCH 3, 1964. DECIDED APRIL 16, 1965. NICHOLS, Presiding Judge. 1. The judgment of this court (Fair v. State, 110 Ga. App. 643, 139 S.E.2d 411), holding that the trial court was without jurisdiction to consider the defendant’s motion for new trial, having […]

332 S.E.2d 685 HARRIS v. THE STATE. 70354.Court of Appeals of Georgia. DECIDED JUNE 12, 1985. McMURRAY, Presiding Judge. Defendant was indicted by a Richmond County Grand Jury which accused him of burglary and possession of a firearm by a convicted felon. Initially, defendant pleaded not guilty to both counts. Subsequently, however, he moved the […]

436 S.E.2d 539 CHANDLER v. THE STATE. A93A1522.Court of Appeals of Georgia. DECIDED SEPTEMBER 29, 1993. McMURRAY, Presiding Judge. This case first appeared in Chandler v. State, 204 Ga. App. 816 (421 S.E.2d 288), where defendant’s convictions for aggravated assault and aggravated battery of a police officer engaged in the performance of her duties were […]

300 S.E.2d 215 MAY v. MAY et al. 65479.Court of Appeals of Georgia. DECIDED JANUARY 31, 1983. REHEARING DENIED FEBRUARY 17, 1983. BANKE, Judge. On October 3, 1979, appellees, Howard and Dixie May, applied for a writ of possession against their son, Pat May, who had been living on their farm in Catoosa County, Georgia, […]

469 S.E.2d 379 JONES v. THE STATE A95A2439Court of Appeals of Georgia. DECIDED FEBRUARY 19, 1996 McMURRAY, Presiding Judge. Defendant was indicted for robbery by sudden snatching, theft by taking and possession of a drug-related object. The evidence adduced at a jury trial reveals that the victim was attacked by a man at an automatic […]

455 S.E.2d 847 GARDNER v. BOATRIGHT. A94A2376.Court of Appeals of Georgia. DECIDED MARCH 17, 1995. RUFFIN, Judge. Roger Boatright, mayor of Alma, Georgia, sued Max Gardner, owner and publisher, and Freddy Gardner, editor of the Alma Times-Statesman, for libel in connection with the publication of certain letters on the editorial page concerning Boatright’s sister-in-law’s use […]

331 S.E.2d 98 HILL v. THE STATE. 70039.Court of Appeals of Georgia. DECIDED MAY 14, 1985. McMURRAY, Presiding Judge. Defendant appeals his conviction of the offenses of aggravated assault, armed robbery and rape. Held: Defendant’s sole enumeration of error raises the issue of the sufficiency of the evidence. The State’s evidence shows that the victim […]

146 S.E.2d 921 BRAZELL v. ANDERSON et al. 41664.Court of Appeals of Georgia.SUBMITTED JANUARY 10, 1966. DECIDED JANUARY 20, 1966. EBERHARDT, Judge. 1. Where the natural mother of a child has not given her written consent to its adoption and she has not abandoned her rights to it, the superior court is without power to […]

686 S.E.2d 301 GARNER PLUMBING, INC. v. SLATE CONSTRUCTION, INC. No. A09A1353.Court of Appeals of Georgia. DECIDED OCTOBER 28, 2009. SMITH, Presiding Judge. Garner Plumbing, Inc. (Garner) appeals from a judgment on a jury verdict in favor of Slate Construction, Inc. (Slate) on its claim against Slate for breach of contract. Garner appeals, challenging the […]

305 S.E.2d 457 RUCKER v. THE STATE. 66357.Court of Appeals of Georgia. DECIDED MAY 20, 1983. REHEARING DENIED JUNE 10, 1983. DEEN, Presiding Judge. Appellant Rucker was jointly indicted and tried with a co-defendant for the armed robbery of a jewelry store. A Columbia County jury found both defendants guilty, and both received life sentences. […]

258 S.E.2d 300 ALBERT v. BRYAN et al. 57738.Court of Appeals of Georgia.ARGUED MAY 2, 1979. DECIDED JULY 10, 1979. McMURRAY, Presiding Judge. This case involves a tort action for damages brought in several counts against a number of defendants. The damages were allegedly sustained as directly resulting from the purchase of a residence by […]

344 S.E.2d 499 THE STATE v. CARTER. 71994.Court of Appeals of Georgia. DECIDED APRIL 7, 1986. DEEN, Presiding Judge. The State of Georgia appeals from the trial court’s grant of a motion in limine to exclude evidence of Joseph Carter’s refusal to submit to a state administered blood test because there was no affirmative showing […]

579 S.E.2d 825 MARGERUM v. THE STATE. A03A0129.Court of Appeals of Georgia. Decided March 19, 2003 ANDREWS, Presiding Judge. We granted Jeffrey Douglas Margerum’s application for interlocutory appeal of the trial court’s order denying his motion to suppress evidence. Margerum claimed that his arrest was based on an illegal traffic stop because the arrest was […]

649 S.E.2d 765 DUNAGAN v. THE STATE. No. A07A0365.Court of Appeals of Georgia. DECIDED JULY 3, 2007. BARNES, Chief Judge. After a jury found Aaron Dunagan guilty of reckless driving, running a red light, and serious injury by vehicle based on reckless driving, he was convicted and sentenced as a recidivist to seventeen years with […]

513 S.E.2d 779 BROWNING v. THE STATE. A99A0704.Court of Appeals of Georgia. DECIDED: MARCH 11, 1999. BLACKBURN, Judge. James Franklin Browning appeals his conviction, following a jury trial, for theft by taking, contending (1) that the evidence was insufficient to support the verdict against him and (2) that the trial court erred in denying his […]

246 S.E.2d 370 BROWN v. THE STATE. 55503.Court of Appeals of Georgia.SUBMITTED FEBRUARY 28, 1978. DECIDED JUNE 19, 1978. SHULMAN, Judge. Defendant appeals from his conviction for rape. 1. Appellant contends that the trial court committed reversible error in holding that certain evidence would not be admissible at trial. We disagree. The state made a […]

317 S.E.2d 294 JOHNSON, LANE, SPACE, SMITH COMPANY, INC. v. TROSDAL et al. 67280.Court of Appeals of Georgia. DECIDED MARCH 9, 1984. REHEARING DENIED MARCH 26, 1984. SHULMAN, Presiding Judge. The gravamen of this appeal centers on the determination of the proper beneficiaries of insurance proceeds which became payable under a group accident policy when […]

483 S.E.2d 359 AKHTAR v. FOOD AND GAS, INC. A97A0277.Court of Appeals of Georgia. DECIDED MARCH 6, 1997. Judge Harold R. Banke. Food and Gas, Inc. (“FG”), a supplier of fuel and petroleum products to independent gas stations, sued Jeff Akhtar d/b/a Fina Gas Station for breach of a consignment agreement. The jury awarded FG […]

340 S.E.2d 256 BOGAN v. THE STATE. 71761.Court of Appeals of Georgia. DECIDED JANUARY 30, 1986. BIRDSONG, Presiding Judge. The defendant, Gregory Bogan, appeals his conviction of the offenses of burglary, possession of burglary tools, and possession of firearms by a convicted felon. On the evening of December 31 and morning of January 1, 1985, […]

412 S.E.2d 555 MILLER et al. v. JENKINS. A91A1246.Court of Appeals of Georgia. DECIDED OCTOBER 30, 1991. RECONSIDERATION DENIED NOVEMBER 18, 1991. ANDREWS, Judge. The Millers filed a complaint for the wrongful death of their 23-year-old son arising out of his automobile accident with Jenkins. The case was tried by a jury which returned a […]

302 S.E.2d 617 WHITTINGTON v. THE STATE. 65125.Court of Appeals of Georgia. DECIDED MARCH 14, 1983. BIRDSONG, Judge. On appeal from his convictions on two counts of theft by receiving stolen property, the defendant contends that the court erred in denying his motion to suppress evidence obtained during the search of a dwelling house rented […]

290 S.E.2d 140 CANTRELL v. THE STATE. 63290.Court of Appeals of Georgia. DECIDED APRIL 6, 1982. CARLEY, Judge. Appellant was indicted, tried and convicted of forgery in the first degree. He appeals. 1. Forgery in the first degree is defined in Code Ann. § 26-1701 (a) as follows: “A person commits forgery in the first […]

228 S.E.2d 615 ROBINSON v. THE STATE. 52471.Court of Appeals of Georgia.SUBMITTED JULY 15, 1976. DECIDED SEPTEMBER 7, 1976. WEBB, Judge. On her plea of guilty to “theft by taking” in the State Court of Clarke County, Crystal Robinson was sentenced to serve 12 months on probation. Six months later she was convicted by a […]

533 S.E.2d 749 PETERSON v. COLUMBUS MEDICAL CENTER FOUNDATION, INC. et al. A00A0172.Court of Appeals of Georgia. DECIDED: APRIL 12, 2000. BLACKBURN, Presiding Judge. In this medical malpractice action, Darlene Peterson appeals from the trial court’s grant of defendants’ Columbus Medical Center Foundation, Inc. and Rivertown Pediatric, P.C. (the Medical Defendants) motion to dismiss her […]

127 S.E.2d 715 STATE HIGHWAY DEPARTMENT v. WILKES et al. 39579.Court of Appeals of Georgia. DECIDED SEPTEMBER 25, 1962. 1. “Legal error is a compound of both error and injury. In the absence of either constituent element the grant of a new trial Page 635 is not warranted.” Harrison v. Hester, 160 Ga. 865 (3) […]

295 S.E.2d 748 ANDERSON v. THE STATE. 64424.Court of Appeals of Georgia. DECIDED SEPTEMBER 17, 1982. McMURRAY, Presiding Judge. Defendant appeals his conviction for the offense of voluntary manslaughter in causing the death of another human being by stabbing him with a certain knife, a deadly weapon, while acting solely as the result of a […]

235 S.E.2d 625 WILLIFORD v. THE STATE. 53776.Court of Appeals of Georgia.SUBMITTED APRIL 12, 1977. DECIDED APRIL 29, 1977. QUILLIAN, Presiding Judge. The defendant appeals his voluntary manslaughter conviction Held: 1. During the course of the prosecuting attorney’s argument to the jury he stated with reference to the victim “he was a married man. His […]

57 S.E.2d 693 HENDRIX v. SIMPSON. 32689.Court of Appeals of Georgia. DECIDED FEBRUARY 23, 1950. MacINTYRE, P. J. Where in a summary proceedings by a landlord to dispossess a tenant as holding over and beyond his term, which is denied by the tenant’s counter-affidavit, the only evidence of the nature of the tenancy is that […]

397 S.E.2d 12 ADAMS v. THE STATE. A90A0934.Court of Appeals of Georgia. DECIDED SEPTEMBER 4, 1990. BIRDSONG, Judge. Orville Allen Adams was indicted in three counts for possession of approximately 15 grams of cocaine with intent to distribute, possession of a firearm by a convicted felon, and possession of less than one ounce of marijuana. […]

578 S.E.2d 484 GOODRUM v. THE STATE. A03A0373.Court of Appeals of Georgia. DECIDED: FEBRUARY 14, 2003 JOHNSON, Presiding Judge. On June 2, 1997, Leslie Goodrum pled guilty to rape and aggravated sexual battery. The trial court sentenced Goodrum to serve twenty years on each count, to run concurrently. On May 28, 2002, Goodrum petitioned the […]

57 S.E.2d 359 KINNEY v. THE STATE (two cases). 32823, 32824.Court of Appeals of Georgia. DECIDED JANUARY 26, 1950. 1. All persons aiding directly or indirectly in the maintenance of an ill-governed house are jointly and severally guilty of the offense. 2. A wife may be convicted of maintaining an ill-governed house, the evidence showing […]

187 S.E.2d 568 WARREN COMPANY v. LITTLE RIVER FARMS, INC. 46790.Court of Appeals of Georgia.ARGUED JANUARY 5, 1972. DECIDED JANUARY 20, 1972. DEEN, Judge. The appellant the Warren Company executed an affidavit of foreclosure under a security agreement covering a walk-in cooler in the possession of Little River Farms, Inc., based on a past due […]

349 S.E.2d 490 MURRAY v. THE STATE (two cases). 73002, 73003.Court of Appeals of Georgia. DECIDED SEPTEMBER 19, 1986. REHEARING DENIED OCTOBER 8, 1986. BANKE, Chief Judge. Appellants Bruce and Wayne Murray were jointly indicted and tried on charges of armed robbery and possession of a firearm by a convicted felon. Their separate appeals have […]

645 S.E.2d 17 THE STATE v. RIGDON. No. A06A2412.Court of Appeals of Georgia. DECIDED MARCH 19, 2007. RECONSIDERATION DENIED APRIL 5, 2007. BERNES, Judge. The Superior Court of Marion County reversed the order of the probate court convicting Sam Rigdon of driving under the influence of alcohol to the extent that he was less safe […]

685 S.E.2d 731 BRANFORD v. THE STATE. No. A09A1191.Court of Appeals of Georgia. DECIDED AUGUST 31, 2009. BARNES, Judge. Dennis Branford appeals his conviction for voluntary manslaughter as a lesser included offense of malice murder, contending that the evidence was insufficient to sustain his conviction, that the State failed to prove venue, and that the […]

245 S.E.2d 48 CITIZENS SOUTHERN NATIONAL BANK v. PARKER. 55415.Court of Appeals of Georgia.SUBMITTED FEBRUARY 27, 1978. DECIDED APRIL 28, 1978. BIRDSONG, Judge. The CS National Bank (bank) brought suit against Peggy S. Parker, alleging an account indebtedness. Although Ms. Parker admitted the amount owing, the bank’s motion for summary judgment was denied. Following the […]

527 S.E.2d 890 BURRITT v. MEDIA MARKETING SERVICES, INC. A99A1718.Court of Appeals of Georgia. DECIDED: JANUARY 12, 2000. ELLINGTON, Judge. This is the second appearance of this case before us. I Burritt v. Media Marketing Svcs., Inc., 204 Ga. App. 848 (420 S.E.2d 792) (1992), we affirmed in part and reversed in part the trial […]

416 S.E.2d 824 HAMMETTE et al. v. EICKEMEYER. A91A1888.Court of Appeals of Georgia. DECIDED MARCH 6, 1992. COOPER, Judge. Appellee filed an Arizona judgment that he had obtained against appellant Hammette with a Georgia court pursuant to OCGA § 9-12-130 et seq., the Uniform Enforcement of Foreign Judgments Law. Pursuant to the statute, the Georgia […]

5 S.E.2d 603 LASSITER v. ATLANTA AND WEST POINT RAILROAD COMPANY, and vice versa. 27692, 27699.Court of Appeals of Georgia. DECIDED OCTOBER 11, 1939. REHEARING DENIED NOVEMBER 13, 1939. The court did not err in granting a nonsuit. DECIDED OCTOBER 11, 1939. REHEARING DENIED NOVEMBER 13, 1939. Action for damages; from Fulton superior court — […]

13 S.E.2d 202 JACKSON v. CITY OF ATLANTA. 28657.Court of Appeals of Georgia. DECIDED FEBRUARY 13, 1941. The overruling of the certiorari was error. DECIDED FEBRUARY 13, 1941. Certiorari; from Fulton superior court — Judge Humphries. June 10, 1940. Venable, Dantone Fountain, for plaintiff in error. J. C. Savage, J. C. Murphy, E. L. Sterne, […]

413 S.E.2d 460 JENKINS v. THE STATE. A91A1160.Court of Appeals of Georgia. DECIDED OCTOBER 29, 1991. Judge Arnold Shulman. The appellant was convicted of two counts of burglary and sentenced to 20 years imprisonment. He did not file a timely notice of appeal or motion for new trial; however, based on a determination that his […]

454 S.E.2d 616 ALLSTATE INSURANCE COMPANY v. GRAYES et al. A94A2623.Court of Appeals of Georgia. DECIDED FEBRUARY 27, 1995. CERT. APPLIED FOR. BIRDSONG, Presiding Judge. This interlocutory appeal was granted to review the trial court’s denial of Allstate Insurance Company’s motion for summary judgment in Allstate’s action seeking a judicial declaration of its obligations under […]

244 S.E.2d 587 HESS v. THE STATE. HOLLAND v. THE STATE. 55377, 55378.Court of Appeals of Georgia.ARGUED FEBRUARY 2, 1978. DECIDED APRIL 4, 1978. REHEARING DENIED APRIL 18, 1978. BANKE, Judge. The defendants in the above cases appeal their convictions on multiple accusations for distributing obscene materials in violation of Code Ann. § 26-2101. All […]

114 S.E.2d 306 CARTER v. CHAMBLISS. 38081.Court of Appeals of Georgia. DECIDED APRIL 12, 1960. The judgment of the trial court overruling the defendant’s motion for new trial and motion for a judgment non obstante veredicto were not error for any reason assigned. DECIDED APRIL 12, 1960. Action for damages. Macon City Court. Before Judge […]

503 S.E.2d 621 PLANE v. UNIFORCE MIS SERVICES OF GEORGIA, INC. et al. A98A1193.Court of Appeals of Georgia. DECIDED JUNE 3, 1998. BLACKBURN, Judge. Glenn R. Plane sued Uniforce MIS Services of Georgia, Inc. d/b/a Brannon Tully, Inc. (Brannon Tully), Christine Scheurer, Kalik Enterprises, Inc., and Vinson A. Brannon, asserting claims of fraud and breach […]

244 S.E.2d 91 MARTIN v. THE STATE. 55252.Court of Appeals of Georgia.SUBMITTED JANUARY 30, 1978. DECIDED APRIL 4, 1978. BIRDSONG, Judge. Martin was convicted of a misdemeanor pursuant to Code Ann. § 56-9915.2. The state alleged that he knowingly authorized another to operate a motor vehicle in violation of the Georgia Motor Vehicle Accident Reparations […]

145 S.E.2d 775 WEST v. CITY OF COLLEGE PARK. 41649.Court of Appeals of Georgia.ARGUED NOVEMBER 2, 1965. DECIDED NOVEMBER 16, 1965. PANNELL, Judge. 1. Where, as in the present case, on certiorari to a judgment of conviction in a recorder’s court the judge of the superior court enters an order sustaining the certiorari and remands […]

158 S.E.2d 702 SMITH v. BURTTS. 43132.Court of Appeals of Georgia.ARGUED OCTOBER 3, 1967. DECIDED NOVEMBER 14, 1967. HALL, Judge. The defendant appeals from a verdict and judgment for the plaintiff and the overruling of his motion for new trial in this automobile negligence action. Page 650 1. The trial court erred in charging the […]

253 S.E.2d 247 WINDHAM et al. v. WINTERS. 56818.Court of Appeals of Georgia.SUBMITTED NOVEMBER 13, 1978. DECIDED FEBRUARY 1, 1979. BANKE, Judge. The appellee, B. G. Winters, purchased a boat from the appellants, Amelia and D. D. Windham, d/b/a Evans Marine Sales. After revoking his acceptance of the boat, the appellee sued to recover the […]

164 S.E.2d 312 TENNECO OIL COMPANY v. MULLIS. 43975.Court of Appeals of Georgia.SUBMITTED OCTOBER 9, 1968. DECIDED OCTOBER 24, 1968. JORDAN, Presiding Judge. An appeal from an order overruling a motion to dismiss a complaint for failure to state a claim upon which relief can be granted, not certified by the lower court within ten […]

408 S.E.2d 802 EDWARDS v. THE STATE. A91A0196.Court of Appeals of Georgia. DECIDED JUNE 26, 1991. RECONSIDERATION DENIED JULY 23, 1991. McMURRAY, Presiding Judge. Defendant was charged in a 76 count indictment with 48 counts of burglary, 24 counts of entering a motor vehicle without authority and with intent to commit a theft therein, two […]

676 S.E.2d 22 UNITED PARCEL SERVICE, INC. v. COLT SECURITY AGENCY, INC. et al. No. A08A2347.Court of Appeals of Georgia. DECIDED MARCH 20, 2009. BARNES, Judge. United Parcel Service, Inc. filed a declaratory judgment action against Colt Security Agency, Inc., Colt’s employee Charles Perry, and its insurer, Tudor Insurance Company, seeking a declaration that Colt […]

358 S.E.2d 465 McSWEENEY v. THE STATE. 74200.Court of Appeals of Georgia. DECIDED MAY 19, 1987. BIRDSONG, Chief Judge. Paul K. McSweeney appeals his conviction for trafficking in cocaine and unlawful possession of more than one ounce of marijuana. McSweeney was attempting to board a flight out of the Atlanta Hartsfield International Airport, and presented […]

370 S.E.2d 30 TONN BLANK, INC. et al. v. D. M. ASPHALT, INC. 76055.Court of Appeals of Georgia. DECIDED MAY 27, 1988. BENHAM, Judge. Appellant Tonn Blank, Inc. (Tonn) was the general contractor for a shopping center construction project and appellant Hartford Fire Insurance Company (Hartford) was the surety on two construction bonds supplied by […]

529 S.E.2d 228 BURLESON v. STATE. A98A1178.Court of Appeals of Georgia. DECIDED: FEBRUARY 3, 2000. ELLINGTON, Judge. Michael D. Burleson was convicted of armed robbery and possession of a hoax device and was sentenced under the first offender act to 15 years to serve five for armed robbery and five years on probation to run […]