Category: Georgia Supreme Court Opinions

150 S.E.2d 840 WAYMAN v. WAYMAN. 23704.Supreme Court of Georgia.ARGUED SEPTEMBER 15, 1966. DECIDED SEPTEMBER 22, 1966. MOBLEY, Justice. Georgia Laws 1955, pp. 630-632 (Code Ann. §§ 30-220, 30-223) providing permanent alimony for the support of a wife or child or children shall be subject to revision upon a petition filed by the husband or […]

78 S.E.2d 493 HARTSFIELD et al., Trustees, v. MITCHELL. 18306.Supreme Court of Georgia.ARGUED SEPTEMBER 16, 1953. DECIDED OCTOBER 14, 1953. REHEARING DENIED NOVEMBER 12, 1953. DUCKWORTH, Chief Justice. 1. The petitioner, a teacher in the Atlanta School System, complied with the Retirement Act of 1927 (Ga. L. 1927, p. 265) by having deductions made from […]

120 S.E.2d 183 MORGAN et al. v. MADDOX, Executor, et al. 21218.Supreme Court of Georgia.ARGUED APRIL 10, 1961. DECIDED MAY 9, 1961. 1. A petition which seeks specific performance of a contract to convey land against two tenants in common, one of whom was not a party to the contract, fails to set forth a […]

331 S.E.2d 561 BAXTER v. THE STATE. 41747.Supreme Court of Georgia. DECIDED JULY 3, 1985. SMITH, Justice. Norman Darnell Baxter was convicted in Henry County for the murder of Katherine June Moore. He was sentenced to death. This case is here on direct appeal for review under the Unified Appeal Procedure (252 Ga. A-13 et […]

384 S.E.2d 393 PAYNE v. BLACKWELL et al. S89G0141.Supreme Court of Georgia. DECIDED OCTOBER 19, 1989. SMITH, Justice. We granted a writ of certiorari in Banks County School District v. Blackwell, 191 Ga. App. 790 (383 S.E.2d 159) (1989), and we reverse. The appellant, Ms. Payne, was driving a Banks County School bus when it […]

555 S.E.2d 710 THE STATE v. LISA JOHNSON S01A0991.Supreme Court of Georgia. DECIDED: NOVEMBER 28, 2001 CARLEY, Justice. Lisa Johnson was arrested on July 9, 1993, and posted bond and was released from custody on July 21, 1993. In September of 1993, the City of Atlanta Bond Administrator closed the bonding company used by Ms. […]

36 S.E.2d 77 WREN v. WREN. 15281.Supreme Court of Georgia. NOVEMBER 13, 1945. 1. In this State, possession of land is notice of whatever right or title the occupant has, and is not limited, as notice, to what would be discovered by an examination of the public records. (a) Where one of two tenants in […]

53 S.E.2d 748 HUMBER et al. v. GARRARD, guardian. 16677.Supreme Court of Georgia. JUNE 13, 1949. The exception in this case is to an order for the sale of lands of an incompetent person, entered at chambers in vacation by a judge of the superior court, in a proceeding instituted by the guardian of the […]

408 S.E.2d 699 YORK RITE BODIES OF FREEMASONRY OF SAVANNAH et al. v. BOARD OF EQUALIZATION OF CHATHAM COUNTY et al. S91G0512.Supreme Court of Georgia. DECIDED SEPTEMBER 20, 1991. FLETCHER, Justice. We granted a writ of certiorari to the Court of Appeals to consider whether the properties of two Masonic organizations located in Chatham County […]

383 S.E.2d 883 TARWATER v. THE STATE. 47049.Supreme Court of Georgia. DECIDED SEPTEMBER 29, 1989. RECONSIDERATION DENIED OCTOBER 18, 1989. CLARKE, Presiding Justice. Along with co-defendants Mary Ann Creed and Vicky Creed, Charles Tarwater entered a guilty plea. Tarwater pled guilty to the murder of Joseph A. Creed, Mary Ann’s husband, and received a life […]

122 S.E.2d 109 DODSON v. CULP. 21370.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1961. DECIDED OCTOBER 5, 1961. The petition alleged a cause of action for breach of an implied trust and therefore was not subject to the demurrers lodged against it. ARGUED SEPTEMBER 12, 1961 — DECIDED OCTOBER 5, 1961. Cancellation, etc. Putnam Superior Court. […]

255 S.E.2d 717 KOT v. KOT. 34744.Supreme Court of Georgia.ARGUED APRIL 10, 1979. DECIDED MAY 2, 1979. PER CURIAM. This is an appeal of a contempt order based upon the former husband’s failure to make certain temporary support payments. The appellant contends that a final settlement agreement which was made the final order of the […]

339 S.E.2d 576 ZEPP et al. v. MAYOR COUNCIL OF THE CITY OF ATHENS. 42848.Supreme Court of Georgia. DECIDED FEBRUARY 18, 1986. MARSHALL, Presiding Justice. In this case, plaintiffs are purchasers of water from the City of Athens’ water system through meters located within Clarke County but outside the Athens city limits. They filed this […]

436 S.E.2d 495 ROGERS v. WOOD. S93A1359.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1993. HUNSTEIN, Justice. Rogers, a prisoner incarcerated at the state penitentiary in Reidsville, filed in conjunction with his Tattnall County habeas corpus petition a mandamus action in Hall County, where he had been convicted,[1] seeking an order to compel the court reporter […]

405 S.E.2d 875 IN THE MATTER OF JOHN THURMAN HARP. SUPREME COURT DISCIPLINARY NO. 868Supreme Court of Georgia. DECIDED MAY 15, 1991. PER CURIAM. The State Bar of Georgia has petitioned this court, pursuant to State Bar Rule 4-108, for an emergency suspension of John Thurman Harp pending final disposition of disciplinary proceedings against him. […]

34 S.E.2d 685 HALEY, mayor, et al. v. BAILEY. 15200.Supreme Court of Georgia. JULY 3, 1945. 1. The motion to dismiss the writ of error on the ground that the case has become moot is denied. 2. The facts demanded a judgment denying mandamus absolute. No. 15200. JULY 3, 1945. Mandamus. Before Judge Crow. Dougherty […]

515 S.E.2d 386 THE STATE v. JACKSON. S99A0451.Supreme Court of Georgia. DECIDED: APRIL 12, 1999 CARLEY, Justice. Bobby Jones Jackson was charged with purchasing marijuana in violation of OCGA § 16-13-30 (j) (1). Under OCGA §16-13-30 (j) (2), conviction of this crime would result in felony sentencing even though the amount of marijuana that Jackson […]

236 S.E.2d 663 CLEMSON v. THE STATE. TAYLOR v. THE STATE. 32242, 32243.Supreme Court of Georgia.SUBMITTED APRIL 29, 1977. DECIDED JUNE 28, 1977. REHEARING DENIED JULY 14, 1977. JORDAN, Justice. Appellants Clemson and Taylor were tried jointly on indictments charging each of them with two counts of armed robbery, two counts of attempt to commit […]

609 S.E.2d 312 BROWN v. THE STATE. S04A1160.Supreme Court of Georgia. DECIDED NOVEMBER 23, 2004. HINES, Justice. Jamie Kenmont Kerien Brown appeals his convictions for felony murder, aggravated assault, criminal attempt to commit armed robbery, and possession of a firearm during the commission of certain crimes.[1] For the reasons that follow, we affirm. Construed to […]

537 S.E.2d 78 COPELAND v. THE STATE. S00A1152.Supreme Court of Georgia. DECIDED: OCTOBER 2, 2000 FLETCHER, Presiding Justice. Michael Copeland was convicted of the malice murder of Dequlius Douglas and aggravated assaults on Annie Nesmith and Taurus Banks.[1] He was sentenced to life imprisonment for the murder conviction and two consecutive 20-year terms for the […]

440 S.E.2d 652 DEPARTMENT OF TRANSPORTATION v. TAYLOR. S93G0971.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1994. RECONSIDERATION DENIED MARCH 18, 1994. FLETCHER, Justice. We granted certiorari in Dept. of Transp. v. Taylor, 207 Ga. App. 707 (429 S.E.2d 108) (1993), to consider whether the case involves a taking or obstruction of existing access rights which […]

95 S.E.2d 378 ARLINGTON CEMETERY CORPORATION et al. v. BINDIG et al. 19496.Supreme Court of Georgia.ARGUED OCTOBER 9, 1956. DECIDED NOVEMBER 14, 1956. The trial court correctly overruled the general demurrer to count 2 of the petition. The evidence demanded a finding that the tract of land involved in the controversy had been dedicated to […]

171 S.E.2d 291 GEE v. THE STATE. 25366.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1969. DECIDED NOVEMBER 6, 1969. 1. The first incident complained of is not likely to occur on another trial, making it unnecessary to pass on the alleged error. 2. The appellant’s contention that the Georgia Drug Abuse Control Act (Ga. L. 1967, […]

124 S.E.2d 394 SAMPLES v. ALEWINE, formerly SAMPLES. 21497.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1962. DECIDED FEBRUARY 12, 1962. The term at which the judgment sought to be modified having expired, a petition filed in the original case did not give the trial court jurisdiction to modify a judgment awarding custody of minor children. SUBMITTED […]

400 S.E.2d 8 TAQUECHEL et al. v. CHATTAHOOCHEE BANK. NATIONAL PRODUCT MARKETING, INC. et al. v. CHATTAHOOCHEE BANK. CHATTAHOOCHEE BANK v. MOM CORPORATION et al. S90A1308, S90A1309, S90X1310.Supreme Court of Georgia. DECIDED JANUARY 31, 1991. BENHAM, Justice. The Chattahoochee Bank sued the corporate and individual defendants on a note and guaranties of that note, and […]

202 S.E.2d 82 CAGLE’S, INC. v. CITY OF ATLANTA. 28064.Supreme Court of Georgia.ARGUED JULY 11, 1973. DECIDED NOVEMBER 8, 1973. REHEARING DENIED NOVEMBER 29, 1973. INGRAM, Justice. This appeal arises from the grant of summary judgments, in the Superior Court of Fulton County, in favor of the appellees against the appellant in an “offal” injunction […]

115 S.E.2d 336 RIDLEY v. GRIFFETH. 20902.Supreme Court of Georgia.ARGUED JUNE 13, 1960. DECIDED JULY 7, 1960. REHEARING DENIED JULY 19, 1960. 1. Special grounds 1, 2, and 3, which assign error on the exclusion of evidence by the trial court, are without merit since it does not appear in these grounds that such evidence […]

327 S.E.2d 216 MITCHELL v. OLIVER; and vice versa. 41568, 41569.Supreme Court of Georgia. DECIDED MARCH 15, 1985. BELL, Justice. In 1981 Mrs. Jamie V. Mitchell filed a four-count complaint against Warren H. Oliver, Jr. In her first count she sought cancellation of a promissory note and security deed on the ground of usury. In […]

225 S.E.2d 9 LEONARD v. LEONARD. 30946.Supreme Court of Georgia.SUBMITTED MARCH 16, 1976. DECIDED APRIL 6, 1976. NICHOLS, Chief Justice. The appellee brought a contempt citation against her former husband for failure to pay an award of attorney fees made a part of the final divorce decree. The appellant contends that the award is not […]

181 S.E.2d 42 JOHNSTON et al. v. THE STATE. 26330.Supreme Court of Georgia.SUBMITTED FEBRUARY 8, 1971. DECIDED MARCH 4, 1971. REHEARING DENIED MARCH 18, 1971. 1. (a) The facts as stated in the affidavits to the search warrants, taken as true, constitute a sufficient showing of probable cause. (b) The sworn evidence before the judicial […]

246 S.E.2d 677 CROSBY v. JONES. 33681.Supreme Court of Georgia.SUBMITTED JUNE 19, 1978. DECIDED JULY 6, 1978. UNDERCOFLER, Presiding Justice. Irene Crosby seeks specific performance of a contract involving the sale of timber rights. The trial court granted Eula Jones’ motion for summary judgment on the ground that the deed under which Irene Crosby claims […]

238 S.E.2d 380 GRIFFIN v. GRIFFIN. 32483.Supreme Court of Georgia.SUBMITTED JULY 1, 1977. DECIDED SEPTEMBER 7, 1977. REHEARING DENIED SEPTEMBER 28, 1977. NICHOLS, Chief Justice. The appellant wife filed suit for divorce on the grounds of cruel treatment and prayed for custody of the minor child of the parties, alimony and child support. The trial […]

273 S.E.2d 403 GRIST v. FOSTER. 36377.Supreme Court of Georgia.ARGUED SEPTEMBER 8, 1980. DECIDED OCTOBER 22, 1980. CLARKE, Justice. Grist sued to enjoin Foster from conveying certain lands to third parties and seeking specific performance of a contract to purchase which he contends grew out of an oral option granted by Foster to Grist. The […]

211 S.E.2d 714 HACKNEY et al. v. THE STATE. 29212.Supreme Court of Georgia.ARGUED OCTOBER 16, 1974. DECIDED JANUARY 7, 1975. PER CURIAM. Clarence Lidell Hackney and Frances Mildred Hackney were convicted of armed robbery. Clarence Hackney was given a sentence of fifteen years, and Frances Hackney was given a sentence of one year. They appeal […]

81 S.E.2d 817 PIKE v. ANDREWS. 18561.Supreme Court of Georgia.ARGUED APRIL 14, 1954. DECIDED MAY 10, 1954. A petition in equity seeking to set aside a judgment dismissing petitioner’s suit at law on general demurrer, by consent of one of petitioner’s attorneys and counsel for defendant, on the ground of false representations made by defendant’s […]

228 S.E.2d 875 POWELL v. THE STATE. 31273.Supreme Court of Georgia.SUBMITTED JUNE 25, 1976. DECIDED SEPTEMBER 8, 1976. HILL, Justice. The defendant, Myrtice Powell, was convicted of murder and was sentenced to life imprisonment. On Page 491 appeal to this court she contends in her first enumeration of error that the trial judge failed to […]

21 S.E.2d 69 LOKEY v. DAVIS, solicitor-general. 14177.Supreme Court of Georgia. JUNE 18, 1942. Where the evidence shows a sale of whisky upon the premises, and a previous refusal to sell based on the fact that things were so hot around there and that the agent of the defendant did not know the person seeking […]

581 S.E.2d 522 LASTER v. THE STATE. S03A0023.Supreme Court of Georgia. Decided: June 2, 2003 HINES, Justice. Willie James Laster appeals his convictions for malice murder and possession of a firearm by a convicted felon in connection with the fatal shooting of his business partner, Alexander Berry. Laster Page 646 challenges the convictions on numerous […]

24 S.E.2d 27 WEBB v. NOBLES. 14402.Supreme Court of Georgia. JANUARY 13, 1943. 1. Where no time is fixed within which service of the motion for a new trial should be effected, such service may be perfected even after the hearing of the motion for new trial has been continued, if there be service upon […]

552 S.E.2d 809 YEAGER v. THE STATE S01A1017.Supreme Court of Georgia. DECIDED: SEPTEMBER 17, 2001 BENHAM, Justice. Patricia Darlene Yaeger died as a result of a gunshot wound she received to her neck. Her husband of 30 years, appellant Trammell Starr Yaeger, was arrested for, charged with, and convicted of her murder.[1] He now appeals […]

187 S.E.2d 135 HUGHES v. THE STATE. 26865.Supreme Court of Georgia.SUBMITTED DECEMBER 14, 1971. DECIDED JANUARY 19, 1972. REHEARING DENIED FEBRUARY 11, 1972. 1. To sustain appellant’s contention that there was a violation of his constitutional right to a speedy trial, not only must delay be shown, but it must be shown that such delay […]

18 S.E.2d 756 DEAN v. GEORGIA PUBLIC SERVICE COMMISSION et al. 13883.Supreme Court of Georgia. JANUARY 16, 1942. REHEARING DENIED FEBRUARY 12, 1942. Refusal, on conflicting evidence, to grant interlocutory injunction against interference by the Georgia Public-Service Commission with the plaintiff’s operation of motor vehicles, as a motor common carrier, over a designated highway in […]

290 S.E.2d 464 THE STATE v. OVERBY. 38330.Supreme Court of Georgia. DECIDED APRIL 29, 1982. JORDAN, Chief Justice. We held in Shy v. State, 234 Ga. 816, 818 (1) (218 S.E.2d 599) (1975), and again in Aldridge v. State, 247 Ga. 142, 144 (2) (274 S.E.2d 525) (1981), that upon their arrival at the scene […]

252 S.E.2d 612 GUHL et al. v. PINKARD et al. (two cases). 34357, 34358.Supreme Court of Georgia.ARGUED JANUARY 10, 1979. DECIDED JANUARY 24, 1979. REHEARING DENIED FEBRUARY 14, 1979. UNDERCOFLER, Presiding Justice. In this zoning case, the trial court declared the single family residential (R-100) zoning on the property owners’ land unconstitutional and remanded the […]

86 S.E.2d 215 BEDINGFIELD et al. v. PARKERSON et al. 18828.Supreme Court of Georgia.SUBMITTED JANUARY 11, 1955. DECIDED FEBRUARY 16, 1955. HEAD, Justice. The only assignment of error in the present case is on an order overruling the demurrers of the petitioners to the answer of the defendants. It does not appear that there has […]

63 S.E.2d 650 BURTON v. FURCRON. 17336.Supreme Court of Georgia.FEBRUARY 13, 1951. REHEARING DENIED MARCH 14, 1951. Where children are involved in the granting of a divorce decree, it is the duty of the trial judge to award their custody. Where by decree an award is made asserting it to be “for the present,” with […]

239 S.E.2d 510 SMITH v. HOPPER. 32635.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1977. DECIDED OCTOBER 18, 1977. REHEARING DENIED NOVEMBER 1, 1977. HILL, Justice. John Eldon Smith is under a sentence of death based upon his convictions of two shotgun murders for profit. See Smith v. State, 236 Ga. 12 (222 S.E.2d 308) (1976). He […]

37 S.E.2d 331 BIRD v. WALKER COUNTY BOARD OF EDUCATION et al. 15353.Supreme Court of Georgia. FEBRUARY 20, 1946. HEAD, Justice. The plaintiff in error, intervenor in the trial court, urges that, by reason of the adoption of the new constitution, four questions are presented by the record: 1. LaFayette School District has ceased to […]

206 S.E.2d 26 GRANESE et al. v. THE STATE. 28513.Supreme Court of Georgia.ARGUED JANUARY 16, 1974. DECIDED APRIL 16, 1974. REHEARING DENIED MAY 7, 1974. 1. Code Ann. § 26-3004 (Ga. L. 1968, pp. 1249, 1328) is not subject to the constitutional attacks made. 2. A superior court judge may grant an application for telephonic […]

148 S.E.2d 298 McPHERSON et al. v. CITY OF DAWSON. 23374.Supreme Court of Georgia.SUBMITTED FEBRUARY 15, 1966. DECIDED MARCH 10, 1966. QUILLIAN, Justice. The City of Dawson purchased certain described property within its boundaries for the purposes of establishing a public recreation park and swimming pool. The property was dedicated to these purposes for many […]

10 S.E.2d 749 BOARD OF EDUCATION OF APPLING COUNTY et al. v. HUNTER et al. 13409.Supreme Court of Georgia. SEPTEMBER 25, 1940. 1. Under the language of the deed conveying to a county board of education land for “school purposes” with a reversionary clause as to the title if the land ceased to be used […]

265 S.E.2d 592 PITTMAN v. THE STATE. 35602.Supreme Court of Georgia.SUBMITTED NOVEMBER 16, 1979. DECIDED MARCH 13, 1980. CLARKE, Justice. The appellant was convicted in Bulloch Superior Court for the murder and armed robbery of Paul Hendrix. He received a sentence of life imprisonment for the murder and fifteen years to run concurrently for the […]

230 S.E.2d 894 BROWN v. THE STATE. 31427.Supreme Court of Georgia.SUBMITTED AUGUST 13, 1976. DECIDED DECEMBER 1, 1976. GUNTER, Justice. The appellant was convicted for having committed murder; the state waived the death penalty; he was sentenced to life imprisonment; he made a motion for a new trial that was overruled by the trial judge; […]

685 S.E.2d 716 ANDERSON v. THE STATE. No. S09A0676.Supreme Court of Georgia. DECIDED NOVEMBER 2, 2009. HUNSTEIN, Chief Justice. Appellant Nashon Nikia Anderson appeals from his convictions for murder and related offenses in connection with the fatal shooting of victim John Dean in the parking lot of a nightclub in September 2002. Finding no error, […]

255 S.E.2d 5 SHELTON v. HOPPER. 34651.Supreme Court of Georgia.SUBMITTED MARCH 2, 1979. DECIDED APRIL 24, 1979. PER CURIAM. The record supports the superior court’s determination that Shelton’s guilty plea to voluntary manslaughter was freely and voluntarily entered, and that his attorney competently represented him. Appellant has failed to show error in connection with any […]

326 S.E.2d 451 PARKER v. PARKER. 41495.Supreme Court of Georgia. DECIDED FEBRUARY 27, 1985. REHEARING DENIED MARCH 28, 1985. PER CURIAM. This appeal involves construction of provisions of a settlement agreement pertaining to alimony and waiver of the right of modification thereof. John Henry Parker sued his former wife, Lavartha Parker, for downward modification of […]

629 S.E.2d 204 BENTON v. BENTON. S06A0605.Supreme Court of Georgia. DECIDED APRIL 25, 2006. HINES, Justice. This Court granted estranged husband, Gary Benton, interlocutory appeal in this divorce action against his wife, Diane Benton, to consider whether Mr. Benton was entitled to partial summary judgment on Ms. Benton’s counterclaim for alimony and equitable property division […]

353 S.E.2d 31 O’BRIEN et al. v. DeKALB COUNTY. 43893.Supreme Court of Georgia. DECIDED FEBRUARY 24, 1987. RECONSIDERATION DENIED MARCH 11, 1987. PER CURIAM. O’Brien and Smith, employees of an apartment management company, were prosecuted, convicted, and fined pursuant to DeKalb County fire ordinances for failing to meet fire code regulations. They challenge the constitutionality […]

268 S.E.2d 912 BROWN et al. v. CITY OF EAST POINT. 35971.Supreme Court of Georgia.ARGUED MARCH 11, 1980. DECIDED JUNE 25, 1980. REHEARING DENIED JULY 15, 1980. CLARKE, Justice. Certain police officers brought suit against the City of East Point alleging that the city has failed or refused to appropriate the necessary funds to implement […]

137 S.E.2d 628 BRANDEIS v. BROOME, Sheriff. 22532.Supreme Court of Georgia.SUBMITTED JUNE 9, 1964. DECIDED JULY 9, 1964. REHEARING DENIED JULY 22, 1964. MOBLEY, Justice. The judgment under review is one refusing to discharge the plaintiff in error after hearing on his petition for writ of habeas corpus. In his petition plaintiff alleged illegal and […]

417 S.E.2d 130 WARD v. THE STATE. S92P0087.Supreme Court of Georgia. DECIDED JUNE 11, 1992. RECONSIDERATION DENIED JULY 2, 1992. BELL, Justice. The defendant, James Ray Ward, was convicted of murder, kidnapping with bodily injury, and feticide. He has been sentenced to death for the murder conviction by a jury in Walker County. He appeals […]

84 S.E.2d 52 DANIEL v. THOMPSON. 18665.Supreme Court of Georgia.SUBMITTED JULY 14, 1954. DECIDED SEPTEMBER 13, 1954. REHEARING DENIED OCTOBER 14, 1954. WYATT, Presiding Justice. Mrs. Pattie Lynn Daniel Thompson filed her petition for rule nisi against William Wright Daniel, her former husband, contending that he had failed to comply with an alimony judgment. The […]

249 S.E.2d 91 MOON v. MOON. 34061.Supreme Court of Georgia.SUBMITTED SEPTEMBER 15, 1978. DECIDED OCTOBER 18, 1978. PER CURIAM. There was evidence to sustain the trial judge’s reduction of the father’s child support obligation. Code Ann. § 30-220. Judgment affirmed. All the Justices concur. SUBMITTED SEPTEMBER 15, 1978 — DECIDED OCTOBER 18, 1978. Modification of […]

64 S.E.2d 69 TUCKER v. LONG et al. 17372.Supreme Court of Georgia.MARCH 12, 1951. REHEARING DENIED MARCH 26, 1951. 1. There was no error in the excerpts from the charge complained of. 2. The evidence authorized the verdict, and the trial court did not err in overruling the petitioner’s amended motion for a new trial. […]

184 S.E.2d 179 TEASLEY v. THE STATE. 26622.Supreme Court of Georgia.SUBMITTED JULY 12, 1971. DECIDED OCTOBER 7, 1971. 1. The charge to the jury included the required essentials of act and intent. 2. The general grounds of the motion for new trial were properly overruled. 3. The evidence authorized a charge on accident and it […]

165 S.E.2d 843 GREEN v. WRIGHT et al. 24986.Supreme Court of Georgia.SUBMITTED DECEMBER 10, 1968. DECIDED JANUARY 9, 1969. MOBLEY, Justice. The question presented is one of title to two lots consisting of nine acres of land located in Dougherty County, Georgia. The appeal is from a judgment denying a motion for summary judgment made […]

137 S.E.2d 627 PIPPIN, Warden v. SHEFFIELD. 22522.Supreme Court of Georgia.ARGUED JUNE 8, 1964. DECIDED JULY 10, 1964. Since the writ of habeas corpus looks only to the validity of the present confinement, the prisoner was not entitled to discharge. ARGUED JUNE 8, 1964 — DECIDED JULY 10, 1964. Page 180 Habeas corpus. Jefferson Superior […]

110 S.E.2d 630 CONNORS v. VANDIVER et al., Commissioners. 20591.Supreme Court of Georgia.ARGUED SEPTEMBER 17, 1959. DECIDED OCTOBER 9, 1959. MOBLEY, Justice. The exception is to the judgment of the Superior Court of Fulton County sustaining the defendants’ general demurrer to the petition seeking a mandamus absolute Page 372 to require the defendants, as members […]

123 S.E.2d 253 NORTH AMERICAN ACCEPTANCE CORPORATION v. RAMEY. 21455.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1961. DECIDED NOVEMBER 21, 1961. REHEARING DENIED DECEMBER 8, 1961. CANDLER, Justice. Mrs. Bessie Ramey filed an equitable suit in the Superior Court of Chattooga County against Lonnie G. Ramey, a resident of that county, and against Continental Aluminum Corporation […]

213 S.E.2d 894 SMITH v. DURRENCE. 29489.Supreme Court of Georgia.SUBMITTED DECEMBER 20, 1974. DECIDED MARCH 17, 1975. GUNTER, Justice. This is an appeal from a judgment based on the verdict of a jury awarding specific performance and damages to the plaintiff-appellee. The defendant-appellant has come here for review and has enumerated five errors. 1. The […]

425 S.E.2d 650 IN THE MATTER OF J. KENNETH ROYAL. S93Y0093.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1993. PER CURIAM. The State Bar of Georgia brought disciplinary proceedings against Respondent, J. Kenneth Royal. Following a hearing, the special master found that Respondent had violated Standards 4, 30, 61, 63, and 65 of Bar Rule 4-102 […]

167 S.E.2d 638 MARTIN v. THE STATE. 25122.Supreme Court of Georgia.SUBMITTED APRIL 16, 1969. DECIDED APRIL 24, 1969. 1. It was not error to allow a witness to answer in the affirmative that the victim of a rape pointed out to him the place where the crime occurred, over the objection that it was hearsay […]

401 S.E.2d 516 LATTARULO v. THE STATE. S91A0204.Supreme Court of Georgia. DECIDED FEBRUARY 28, 1991. RECONSIDERATION DENIED MARCH 27, 1991. CLARKE, Chief Justice. This is an appeal from a conviction for driving under the influence of alcohol. Appellant raises several constitutional issues and other alleged errors in the trial of her case. We find no […]

96 S.E.2d 599 HOLLAND v. HOLLAND. 19588.Supreme Court of Georgia.SUBMITTED JANUARY 15, 1957. DECIDED FEBRUARY 12, 1957. CANDLER, Justice. On the ground of cruel treatment, Floyd Lee Holland sued Sara Jo Deems Holland for divorce. By her answer, the defendant denied the plaintiff’s allegations respecting cruel treatment, and by cross-action alleged that the plaintiff had […]

640 S.E.2d 37 CHANEY v. THE STATE. No. S06A1911.Supreme Court of Georgia. DECIDED JANUARY 8, 2007. THOMPSON, Justice. Following a bench trial, appellant James Chaney was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a felony.[1] He appeals from the denial of his motion for new trial. We […]

523 S.E.2d 26 DEWBERRY v. THE STATE. S99A1527.Supreme Court of Georgia. DECIDED: NOVEMBER 1, 1999 CARLEY, Justice. The grand jury returned an indictment charging Lindell Dewberry in alternative counts with the malice and felony murder of Warner King. A jury found Dewberry guilty on both counts of the indictment. The felony murder conviction was vacated […]

239 S.E.2d 330 HUDSON v. THE STATE. 32502.Supreme Court of Georgia. DECIDED OCTOBER 20, 1977. REHEARING DENIED OCTOBER 26, 1977. JORDAN, Justice. Israel Hudson appeals his conviction of murder and sentence of life imprisonment. 1. The appellant asserts that it was error to deny his challenge to the array of grand jurors, based on the […]

364 S.E.2d 569 WILLIAMS v. THE STATE. 45014.Supreme Court of Georgia. DECIDED FEBRUARY 5, 1988. SMITH, Justice. The appellant, Reginald Williams, was found guilty of felony murder and sentenced to life imprisonment. We affirm.[1] During the early morning hours of November 11, 1985, the appellant and his three companions drove to a Howard Johnson Motor […]

135 S.E.2d 282 CARSWELL v. CANNON et al.; and vice versa. 22314, 22346.Supreme Court of Georgia.ARGUED JANUARY 14, 1964. DECIDED FEBRUARY 6, 1964. REHEARING DENIED FEBRUARY 18, 1964. HEAD, Presiding Justice. The Court of Appeals, and not this court, has jurisdiction of the subject matter of this litigation. The contention in a motion and in […]

148 S.E.2d 300 THOMAS, by Guardian ad Litem v. SCOTT et al. 23361.Supreme Court of Georgia.ARGUED FEBRUARY 16, 1966. DECIDED MARCH 10, 1966. REHEARING DENIED MARCH 22, 1966. DUCKWORTH, Chief Justice. This is an action to cancel certain deeds because of alleged fraud and undue influence practiced on the grantor and because of a lack […]

561 S.E.2d 403 THE STATE v. KACHWALLA S01A1405.Supreme Court of Georgia. DECIDED: MARCH 25, 2002. BENHAM, Justice. A police officer issued a uniform traffic citation charging appellee Kaemptah Kachwalla with driving under the influence of drugs to the extent he was a less safe driver. OCGA § 40-6-391(a)(2). Appellee filed a demurrer in which he […]

240 S.E.2d 702 WALSH v. WALSH. 32743.Supreme Court of Georgia.SUBMITTED SEPTEMBER 9, 1977. DECIDED NOVEMBER 8, 1977. NICHOLS, Chief Justice. The appellant was cited for contempt for failure to pay child support payments. The trial court found appellant to be $1,625 in arrears at the time of the hearing and gave him 15 days to […]

246 S.E.2d 310 SAVAGE v. SAVAGE. 33462.Supreme Court of Georgia.SUBMITTED APRIL 7, 1978. DECIDED JUNE 28, 1978. PER CURIAM. We find no error in granting the parties a no-fault divorce on the pleadings. Appellant’s suit for divorce as amended was sought on the grounds of cruel treatment, adultery and desertion. Appellee’s counterclaim for divorce as […]

438 S.E.2d 619 BRAMBLE v. THE STATE. S93A1432.Supreme Court of Georgia. DECIDED JANUARY 24, 1994. FLETCHER, Justice. Marlon Bramble was convicted of felony murder, aggravated assault and possession of a firearm during the commission of a felony for which he received, respectively, sentences of life imprisonment, a concurrent twenty-year term and a consecutive five-year term […]

642 S.E.2d 695 RYDER INTEGRATED LOGISTICS, INC. et al. v. BELLSOUTH TELECOMMUNICATIONS, INC. No. S06G1133.Supreme Court of Georgia. DECIDED MARCH 19, 2007. HINES, Justice. This Court granted certiorari to the Court of Appeals i Ryder Integrated Logistics v. BellSouth Telecommunications, 277 Ga. App. 679 (627 SE2d 358) (2006), to examine the determination by the Court […]

216 S.E.2d 822 DUKES v. JOYNER. 29856.Supreme Court of Georgia.ARGUED MAY 12, 1975. DECIDED JUNE 2, 1975. JORDAN, Justice. Annie Dukes sought to probate an alleged nuncupative will of her son, Otis Coleman Sumler, in the Court of Ordinary (now Probate Court) of Ben Hill County. One of the sons of the deceased filed a […]

363 S.E.2d 551 THE STATE v. JENKINS. 44778.Supreme Court of Georgia. DECIDED JANUARY 22, 1988. CLARKE, Presiding Justice. The sole issue in this appeal is whether the trial court erred in suppressing Jenkins’ oral or written statements obtained after he invoked his right to counsel. Jenkins came into the Tifton Police Department at approximately 1:30 […]

468 S.E.2d 376 STARKS v. THE STATE S96A0251Supreme Court of Georgia. DECIDED APRIL 8, 1996 THOMPSON, Justice. John Thomas Starks was convicted of malice murder, aggravated assault and possession of a firearm during commission of a crime. On direct appeal this Court affirmed in part, and remanded in part, for the limited purpose of clarifying […]

113 S.E.2d 772 PRINCE v. THOMPSON et al. 20835.Supreme Court of Georgia.ARGUED MARCH 15, 1960. DECIDED APRIL 7, 1960. HAWKINS, Justice. The exception here is to the denial of a motion to dismiss an appeal to the Superior Court of Richmond County, Georgia, from a decision of the City-County Board of Zoning Appeals of the […]

452 S.E.2d 113 IN THE MATTER OF SHERRY B. ARMSTRONG. S94Y1668, S94Y1669.Supreme Court of Georgia. DECIDED JANUARY 23, 1995. PER CURIAM. Two clients filed grievances with the State Bar of Georgia against Sherry B. Armstrong. The clients alleged that Armstrong was retained to draft trust agreements and to invest monies in the trusts on Page […]

261 S.E.2d 590 SPARKS v. CALDWELL et al. 35465.Supreme Court of Georgia.SUBMITTED SEPTEMBER 28, 1979. DECIDED OCTOBER 23, 1979. UNDERCOFLER, Presiding Justice. This case involves the timeliness of the filing of a notice of appeal from the claims examiner to the appeals referee under the Employment Security Act. The Board of Review and the DeKalb […]

39 S.E.2d 754 JOHNSON, trustee, v. FULTON NATIONAL BANK et al. 15588.Supreme Court of Georgia. OCTOBER 8, 1946. ATKINSON, Justice. Where a bank is the holder of a security deed which provides that the grantor shall keep the premises insured against loss by fire and other hazards, and upon failure so to do the insurance […]

576 S.E.2d 880 SIX FLAGS OVER GEORGIA v. KULL. S02G1262.Supreme Court of Georgia. Decided February 10, 2003 THOMPSON, Justice. We granted certiorari to the Court of Appeals in Kull v. Six Flags Over Georgia, 254 Ga. App. 897 (564 S.E.2d 747) (2002), to determine whether OCGA § 9-11-43(c) requires written notice of intent to rely […]

91 S.E.2d 41 FLOWERS v. BROTHERHOOD OF LOCOMOTIVE FIREMEN ENGINEMEN et al.; and vice versa. 19160, 19161.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1955. DECIDED JANUARY 9, 1956. Under the provisions of the act of Congress known as the Railway Labor Act (U.S.C.A. § 45-151 et seq.), the Brotherhood of Locomotive Firemen and Enginemen, as the […]

302 S.E.2d 552 GRUBBS v. STYNCHCOMBE. 39794.Supreme Court of Georgia. DECIDED MAY 12, 1983. HILL, Chief Justice. William Pannell Grubbs, Jr., brought a petition for writ of habeas corpus to challenge his detention by the Sheriff of Fulton County pursuant to an extradition warrant issued by the Governor of Page 40 the State of Georgia […]

57 S.E.2d 326 SMITH v. MERCK. 16879.Supreme Court of Georgia. JANUARY 12, 1950. 1. A petition seeking cancellation of a deed executed by the plaintiff to the defendant on the ground of false and fraudulent representations — where the allegations show that a confidential relation existed between the parties, and that by reason of poverty […]

194 S.E.2d 87 HARRISON et al. v. HARRISON. 27455.Supreme Court of Georgia.SUBMITTED SEPTEMBER 13, 1972. DECIDED NOVEMBER 9, 1972. MOBLEY, Chief Justice. 1. This appeal is from the denial of a motion for new trial. The appellee has filed a motion to dismiss the appeal on the ground that there was no valid motion for […]

203 S.E.2d 520 L. M. BERRY COMPANY v. BLACKMON. 28290.Supreme Court of Georgia.ARGUED NOVEMBER 14, 1973. DECIDED FEBRUARY 6, 1974. JORDAN, Justice. L. M. Berry Company appealed an assessment by the State Revenue Commissioner for use tax found to have been incurred during the periods January, 1959 through December, 1966, to Fulton Superior Court. That […]