Category: Georgia Supreme Court Opinions

218 S.E.2d 585 LINDSEY v. THE STATE. 29925.Supreme Court of Georgia.SUBMITTED MAY 15, 1975. DECIDED SEPTEMBER 2, 1975. INGRAM, Justice. Appellant was indicted for murder and two counts of aggravated assault in the Superior Court of Coffee County. The trial court severed the aggravated assault charges. Appellant was found guilty of murder by a jury […]

257 S.E.2d 241 DENT v. THE STATE. 34779.Supreme Court of Georgia.SUBMITTED APRIL 13, 1979. DECIDED MAY 30, 1979. REHEARING DENIED JUNE 27, 1979. MARSHALL, Justice. The appellant was convicted of murdering her son-in-law, Paul Edward Barrett. She received a sentence of life imprisonment. She appeals. We affirm. The evidence showed that, on the day of […]

144 S.E.2d 172 HARDY v. HARDY. 22977.Supreme Court of Georgia.ARGUED JUNE 14, 1965. DECIDED JULY 14, 1965. 1. (a) The allegations of constant nagging and false accusations in plaintiff’s petition are sufficient to charge defendant with cruel treatment under Code Ann. § 30-102 (10). (b) There is no requirement under Code Ann. § 30-102 (10) […]

259 S.E.2d 57 IN THE MATTER OF JOHNSON. SUPREME COURT DISCIPLINARY NO. 13.Supreme Court of Georgia. DECIDED SEPTEMBER 6, 1979. HILL, Justice. This is a petition for reinstatement as a member of the bar of this state. Leroy R. Johnson was admitted to the bar in 1959. In 1974, he was indicted for two counts […]

239 S.E.2d 27 QUEEN TUFTING COMPANY v. FIREMAN’S FUND INSURANCE COMPANY. 32449.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1977. DECIDED OCTOBER 20, 1977. HALL, Justice. This court granted the application for writ of certiorari to review the decision and judgment of the Court of Appeals i Queen Tufting Co. v. Fireman’s Fund Ins. Co., 141 Ga. […]

27 S.E.2d 857 YANCEY et al. v. GRAFTON. 14666.Supreme Court of Georgia. NOVEMBER 12, 1943. 1. “A bare contingency or possibility may not be the subject of sale, unless there shall exist a present right in the person selling to a future benefit.” Accordingly, where by will the testator provided that his nominated executrix administer […]

285 S.E.2d 714 SHERRER et al. v. HALE et al. 38037.Supreme Court of Georgia. DECIDED JANUARY 7, 1982. REHEARING DENIED JANUARY 26, 1982. HILL, Presiding Justice. This is an appeal from the trial court’s grant of an interlocutory injunction, ordering the reversion of Pathology Associates of Marietta, P. C., into a traditional business corporation and […]

107 S.E.2d 806 CHATHAM MOTORCYCLE CLUB, INC. v. BLOUNT et al. 20339.Supreme Court of Georgia.SUBMITTED JANUARY 14, 1959. DECIDED MARCH 6, 1959. 1. Where the owner of land expressly dedicates it to public use as a public road, acceptance by the public by public use is sufficient to complete the dedication without acceptance by the […]

308 S.E.2d 544 BRUMBELOW v. NORTHERN PROPANE GAS COMPANY d/b/a NORGAS. 40088.Supreme Court of Georgia. DECIDED NOVEMBER 9, 1983. REHEARING DENIED NOVEMBER 30, 1983. CLARKE, Justice. The Court of Appeals has certified the following questions to this court for opinion. 1. Is a settlement agreement enforceable by defendant when it is undisputed that plaintiff’s attorney […]

7 S.E.2d 231 NICKERSON v. PORTER. 13169.Supreme Court of Georgia. FEBRUARY 15, 1940. 1. While the superior court has the power and duty of correcting errors in its records, this rule does not authorize the court to allow filed subsequently to judgment additional pleadings which will materially change the pleadings on which the judgment was […]

195 S.E.2d 429 HAM et al. v. HAM. 27392.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1972. DECIDED JANUARY 5, 1973. GUNTER, Justice. The appellants-defendants made a motion for summary judgment below which was denied by the trial judge. However, a certificate for immediate review was granted. The sole issue for decision on appeal is the correctness […]

236 S.E.2d 594 GADDIS v. THE STATE. 31846.Supreme Court of Georgia.ARGUED JANUARY 24, 1977. DECIDED JUNE 20, 1977. UNDERCOFLER, Presiding Justice. This is a companion case to Birt v. State, 236 Ga. 815 (225 S.E.2d 248) (1976) and Reed v. State, 238 Ga. 457 (233 S.E.2d 369) (1977). Following trial by jury in Jefferson County, […]

150 S.E.2d 825 INGRAM et al. v. PAYTON et al. 23557.Supreme Court of Georgia.ARGUED JUNE 15, 1966. DECIDED SEPTEMBER 8, 1966. REHEARING DENIED SEPTEMBER 22, 1966. 1. For reasons stated in the opinion, the proviso clause of Section 22 (B), Subparagraph (1) of the “Minimum Foundation Program Page 504 of Education Act” (Ga. L. 1964, […]

252 S.E.2d 627 IN THE MATTER OF SCHAUMANN. SUPREME COURT DISCIPLINARY NO 17.Supreme Court of Georgia. DECIDED FEBRUARY 6, 1979. PER CURIAM. The Findings and Recommendation of Acceptance of Voluntary Withdrawal from Membership, of the State Disciplinary Board, of the State Bar of Georgia having been filed with this Court on December 29, 1978, along […]

5 S.E.2d 881 COOK COUNTY et al. v. THORNHILL WAGON COMPANY. 12914.Supreme Court of Georgia. DECEMBER 2, 1939. ATKINSON, Presiding Justice. 1. An entry of levy by a sheriff on a tax execution, and a sheriff’s deed made in pursuance of a sale based on such entry, can not be so reformed as to describe […]

368 S.E.2d 482 WADE v. THE STATE. 45060.Supreme Court of Georgia. DECIDED MAY 26, 1988. RECONSIDERATION DENIED JUNE 22, 1988. CLARKE, Presiding Justice. Johnny Lamar Wade was convicted of murder and sentenced to death by a Newton County jury. This is his appeal. [1] 1. On the morning of August 8, 1986, the victim, 13-year-old […]

291 S.E.2d 226 PAYNE v. THE STATE. 38110.Supreme Court of Georgia. DECIDED APRIL 21, 1982. REHEARING DENIED MAY 4, 1982. JORDAN, Chief Justice. Joseph Leslie Payne was convicted by a jury in Cobb County for the murder of twenty-two month old Caleb Joseph Reynolds, the son of Julia Reynolds, his live-in lover, who later, before […]

466 S.E.2d 837 ROULAIN v. MARTIN S95A1427Supreme Court of Georgia. DECIDED FEBRUARY 12, 1996 RECONSIDERATION DENIED MARCH 11, 1996 CARLEY, Justice. After a jury trial, James Edward Martin was found guilty of felony murder and his conviction was affirmed on appeal. Martin v. State, 262 Ga. 312 (418 S.E.2d 12) (1992). He then filed a […]

199 S.E.2d 786 KITCHENS v. CALDWELL. 27905.Supreme Court of Georgia.SUBMITTED MAY 14, 1973. DECIDED SEPTEMBER 5, 1973. GUNTER, Justice. This habeas corpus appeal complains of a judgment which remanded the appellant to custody. The appellant’s conviction was reviewed and affirmed by this court. See Kitchens v. State, 228 Ga. 624 (187 S.E.2d 268) (1972). The […]

124 S.E.2d 271 TAYLOR v. RAPP, Executrix, et al. 21527.Supreme Court of Georgia.SUBMITTED JANUARY 17, 1962. DECIDED FEBRUARY 9, 1962. REHEARING DENIED FEBRUARY 20, 1962. 1. A condition “in terrorem” is a provision in a will which threatens the beneficiaries under the will with forfeiture of their legacies or bequests should they contest the validity […]

249 S.E.2d 72 HODGES v. HODGES. 33959.Supreme Court of Georgia.SUBMITTED AUGUST 25, 1978. DECIDED OCTOBER 17, 1978. NICHOLS, Chief Justice. The former husband appeals from the judgment of the trial court finding him in contempt for nonpayment of alimony and allowing him to purge himself by payment of the arrearage plus attorney fees for the […]

177 S.E.2d 710 COBB COUNTY HEALTH DEPARTMENT v. HENSON. 25960.Supreme Court of Georgia.ARGUED SEPTEMBER 14, 1970. DECIDED OCTOBER 8, 1970. REHEARING DENIED OCTOBER 22, 1970. The denial of the Cobb County Health Department’s prayer for injunction against the operation of a motel without a permit, was error. ARGUED SEPTEMBER 14, 1970 — DECIDED OCTOBER 8, […]

283 S.E.2d 475 IN THE MATTER OF WILLIAMS. SUPREME COURT DISCIPLINARY NO. 220.Supreme Court of Georgia. DECIDED OCTOBER 27, 1981. JORDAN, Chief Justice. James A. Williams made application to the State Disciplinary Board for voluntary surrender of license and disbarment based upon his guilty plea of possession of over one ounce of marijuana with intent […]

132 S.E.2d 263 FIRST NATIONAL BANK OF ATLANTA, Executor v. STATE HIGHWAY DEPARTMENT. 22020.Supreme Court of Georgia.ARGUED MAY 13, 1963. DECIDED MAY 29, 1963. REHEARING DENIED JULY 3, 1963. Where property is condemned for public road purposes under the provisions of the 1957 Act (Ga. L. 1957, pp. 387-397; Code Ann. Ch. 36-6A), and the […]

438 S.E.2d 73 DAVIS et al. v. BENNETT et al.; and vice versa. S93A1313, S93A1314.Supreme Court of Georgia. DECIDED JANUARY 10, 1994. FLETCHER, Justice. These appeals arise from a jury verdict finding appellees/appellants George W. Bennett and Minnie Lee (Bennett) White (the “Bennetts”) to be the virtually adopted children of their stepfather, Steve Davis. Steve […]

362 S.E.2d 226 IN THE MATTER OF DEJAN S. VOJNOVIC. SUPREME COURT DISCIPLINARY NOS. 531, 532, 545.Supreme Court of Georgia. DECIDED DECEMBER 3, 1987. PER CURIAM. The State Disciplinary Board filed a series of complaints against Dejan S. Vojnovic charging him in multiple violations of Standard Nos. 22 and 68 of Bar Rule 4-102 in […]

171 S.E.2d 527 GRIFFITH v. THE STATE. 25461.Supreme Court of Georgia.ARGUED OCTOBER 14, 1969. DECIDED DECEMBER 4, 1969. ALMAND, Chief Justice. Aaron W. Griffith was indicted for the murder of James Keheley. The indictment alleged that the murder was committed with a double-bladed axe. The defendant was found guilty, with a recommendation of mercy, and […]

539 S.E.2d 783 KING v. THE STATE. S00P1146.Supreme Court of Georgia. DECIDED: NOVEMBER 30, 2000. HINES, Justice. Warren King was convicted of malice murder, armed robbery, burglary, aggravated assault, false imprisonment, and possession of a firearm during the commission of a felony.[1] The jury fixed his sentence for the murder at death after finding the […]

38 S.E.2d 425 McKOWN v. HEERY. 15453.Supreme Court of Georgia.MAY 10, 1946. REHEARING DENIED JUNE 6, 1946. The petition in the present case is one seeking the specific performance of a contract to sell land; and the allegations of the petition being insufficient to show a valid and unconditional tender of the purchase money, the […]

442 S.E.2d 230 BROPHY et al. v. McCRANIE. S94A0603.Supreme Court of Georgia. DECIDED APRIL 18, 1994. RECONSIDERATION DENIED MAY 16, 1994. HUNT, Chief Justice. This appeal involves the Hospital Authorities Law, OCGA §31-7-70 et seq., and the appointment and composition of members of the Dodge County Hospital Authority under that law. McCranie, the sole commissioner […]

130 S.E.2d 124 ALDRIDGE et al. v. WHALEY. 21891.Supreme Court of Georgia.ARGUED JANUARY 14, 1963. DECIDED FEBRUARY 7, 1963. 1. An assignment of error not insisted upon in this court must be treated as abandoned. Page 612 2. Where the plaintiff’s evidence amply supported the material averments of his petition, there is no merit in […]

606 S.E.2d 251 ANDERSON v. ANDERSON. S04F1736.Supreme Court of Georgia. DECIDED NOVEMBER 22, 2004. BENHAM, Justice. In July 2001, appellant Teena Marie Anderson (Wife) filed a complaint for divorce in which she sought to terminate her three-year marriage to appellee Anthony Ray Anderson (Husband). The couple has two children: a son born in 1993 who […]

273 S.E.2d 405 BRAINARD v. THE STATE; and vice versa. 36406, 36407.Supreme Court of Georgia.SUBMITTED JUNE 27, 1980. DECIDED OCTOBER 29, 1980. BOWLES, Justice. On June 9, 1978, Richard Brainard entered a plea of guilty in Thomas County Superior Court to the charge of violation of the Georgia Controlled Substances Act. The trial court fined […]

239 S.E.2d 684 WARNOCK v. DUNBAR. 32839.Supreme Court of Georgia.SUBMITTED OCTOBER 7, 1977. DECIDED NOVEMBER 2, 1977. NICHOLS, Chief Justice. This appeal is from an order of the trial court which found the appellant in contempt for failing to abide by the terms of a final decree of divorce. After a divorce action was filed, […]

112 S.E.2d 593 BOWER et al. v. BESTWALL GYPSUM COMPANY. 20682.Supreme Court of Georgia.ARGUED NOVEMBER 9, 1959. DECIDED JANUARY 8, 1960. ALMAND, Justice. Code § 6-1001 provides: “Within 15 days from the date of the certificate of the judge, the bill of exceptions shall be filed in the office of the clerk of the court […]

371 S.E.2d 391 TIFT et al. v. GENTNER. 45670.Supreme Court of Georgia. DECIDED SEPTEMBER 7, 1988. RECONSIDERATION DENIED SEPTEMBER 28, 1988. CLARKE, Presiding Justice. This appeal involves the construction of the will of May S. Cole and an interpretation of a future interest created by the will. The disposition of the life estate devised to […]

192 S.E.2d 149 DAVIS v. THE STATE. 27198.Supreme Court of Georgia.SUBMITTED MAY 9, 1972. DECIDED SEPTEMBER 8, 1972. GUNTER, Justice. The appellant was convicted of robbery as defined in former Code § 26-2501. His appeal here Page 438 enumerates and insists upon two errors alleged to have been committed in the trial court. First, he […]

587 S.E.2d 634 HARDIN v. THE STATE. S03A1238.Supreme Court of Georgia. DECIDED OCTOBER 20, 2003. FLETCHER, Chief Justice. A jury in Bartow County convicted Gregory Hardin of trafficking in methamphetamine and driving without a license on his person.[1] Hardin argues that the statute under which he was convicted violates equal protection and that his detention […]

223 S.E.2d 120 POTTS v. THE STATE. 30581.Supreme Court of Georgia.ARGUED JANUARY 15, 1976. DECIDED JANUARY 28, 1976. REHEARING DENIED FEBRUARY 11, 1976. PER CURIAM. This case is here on certiorari to review the decision of the Court of Appeals in State v. Potts, 136 Ga. App. 1 (220 S.E.2d 10) (1975). The state appealed […]

583 S.E.2d 14 THOMPSON v. THE STATE. S02G1882.Supreme Court of Georgia. Decided June 30, 2003 HUNSTEIN, Justice. We granted certiorari from the Court of Appeals’ opinion in Thompsonv. State, 256 Ga. App. 776(9) (569 S.E.2d 884) (2002), to address whether the trial court properly considered Henry L. Thompson’s three prior habitual violator convictions in aggravation […]

245 S.E.2d 295 SCOCCA v. WILT. 33501.Supreme Court of Georgia.SUBMITTED APRIL 21, 1978. DECIDED MAY 17, 1978. JORDAN, Justice. This is an appeal from an order of the trial court dismissing the appellant’s appeal for delay in payment of costs in an action seeking to hold the husband-appellee in contempt for failure to pay alimony […]

48 S.E.2d 377 GARRETT v. THE STATE. 16150.Supreme Court of Georgia. APRIL 14, 1948. REHEARING DENIED, MAY 14, JUNE 16, 1948. 1. Before a confession can be admitted in evidence, it must prima facie appear that it was made freely and voluntarily. If there is a dispute as to whether the confession was made freely […]

19 S.E.2d 919 JOHNSTON v. SUSMAN. 14042.Supreme Court of Georgia. APRIL 15, 1942. The petition of a married woman sought cancellation of two deeds, one of which had been executed by the plaintiff to the defendant; the other, conveying the same property, which had been executed by the plaintiff’s husband to the defendant. Held: 1. […]

651 S.E.2d 729 IN THE MATTER OF JOHN M. B. LEWIS IV. No. S07Y1662.Supreme Court of Georgia. DECIDED OCTOBER 9, 2007. RECONSIDERATION DENIED NOVEMBER 5, 2007. PER CURIAM. This matter is before the Court on the Report and Recommendation of the Special Master, Richard M. McNeely, who recommends that Respondent John M. B. Lewis IV […]

247 S.E.2d 764 ASSOCIATE ARCHITECTS, INC. v. HOLLAND. 33550.Supreme Court of Georgia.ARGUED JUNE 12, 1978. DECIDED JUNE 27, 1978. PER CURIAM. Upon further consideration of this case we conclude that the application for writ of certiorari was improvidently granted, and, therefore, this case is dismissed. Writ dismissed. All the Justices concur. ARGUED JUNE 12, 1978 […]

491 S.E.2d 343 CARSWELL v. THE STATE. S97A0943.Supreme Court of Georgia. DECIDED OCTOBER 6, 1997 — RECONSIDERATION DENIED OCTOBER 31, 1997 SEARS, Justice. Appellant Randy Carswell appeals from his conviction and life sentence for malice murder. While we find that the trial court abused its discretion by refusing to allow Carswell to play a videotaped […]

124 S.E.2d 383 CATES et al., Executors, v. CATES et al. 21528.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1962. DECIDED FEBRUARY 9, 1962. For the reasons set forth in the opinion, the trial judge properly construed the will and his order thereon was not error for any reason assigned. SUBMITTED JANUARY 9, 1962 — DECIDED FEBRUARY […]

164 S.E.2d 718 FRANKLIN v. JORDAN. 24814.Supreme Court of Georgia.ARGUED SEPTEMBER 12, 1968. DECIDED NOVEMBER 7, 1968. FRANKUM, Justice. Franklin filed a complaint against Jordan in which he sought to require the defendant to specifically perform an option contract which granted to the plaintiff’s assignor, Ackerman, “his heirs, executors, successors and assigns,” the exclusive right […]

232 S.E.2d 558 BARRY v. BARRY. 31775.Supreme Court of Georgia.ARGUED JANUARY 11, 1977. DECIDED JANUARY 28, 1977. INGRAM, Justice. This is an appeal by the wife from a final divorce decree based on a jury verdict in Dooly Superior Court. The only ground for divorce urged by each of the parties was cruel treatment. No […]

63 S.E.2d 215 LAND O’LAKES CREAMERIES INC. v. CROWLEY et al. 17301.Supreme Court of Georgia.JANUARY 8, 1951. REHEARING DENIED FEBRUARY 15, 1951. HAWKINS, Justice. 1. Since it appears from a supplemental certificate by the clerk of the trial court, filed in response to an order of this court, that the intervention and the amendments thereto […]

126 S.E.2d 613 ROSE v. BALKCOM, Warden. 21678.Supreme Court of Georgia.SUBMITTED JUNE 11, 1962. DECIDED JUNE 25, 1962. HEAD, Presiding Justice. The bill of exceptions recites that on February 15, 1962, the judge of the superior court by letter declined to sanction the petitioner’s application for writ of habeas corpus. This refusal to sanction is […]

115 S.E.2d 555 PARKER et al. v. MAYOR c. of SAVANNAH. 20933.Supreme Court of Georgia.SUBMITTED JUNE 13, 1960. DECIDED JULY 7, 1960. For reasons given in the opinion, the trial court did not err in sustaining the motion to dismiss the petition. SUBMITTED JUNE 13, 1960 — DECIDED JULY 7, 1960. Injunction. Chatham Superior Court. […]

203 S.E.2d 373 CLAYTON COUNTY et al. v. CLAYTON COUNTY HOMEOWNERS ASSOCIATION, INC. et al. OWENS v. CLAYTON COUNTY HOMEOWNERS ASSOCIATION, INC. et al. LEWIS v. CLAYTON COUNTY HOMEOWNERS ASSOCIATION, INC. et al. TURNER v. CLAYTON COUNTY HOMEOWNERS ASSOCIATION, INC. et al. 28166, 28167, 28168, 28169.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1973. DECIDED JANUARY 8, […]

31 S.E.2d 727 MAJOR v. CITY OF ATLANTA et al. 14963.Supreme Court of Georgia. OCTOBER 5, 1944. DUCKWORTH, Justice. 1. “This court will in no case undertake to pass upon questions presented by a bill of exceptions, when it affirmatively appears that, even if the judgment of the court below were reversed, the plaintiff in […]

164 S.E.2d 726 DODD v. DODD. 24886.Supreme Court of Georgia.ARGUED OCTOBER 14, 1968. DECIDED NOVEMBER 7, 1968. UNDERCOFLER, Justice. This is an appeal from the denial of a motion to set aside a divorce decree. The sole issue is whether the trial court erred in hearing the divorce case without a jury when the appellant […]

114 S.E.2d 1 PRIVETTE et al. v. CHRISTIAN et al. 20825.Supreme Court of Georgia.SUBMITTED MARCH 15, 1960. DECIDED APRIL 7, 1960. HAWKINS, Justice. The petition in this case as amended is in two counts; count 1 sounding in tort, for fraud and deceit, based upon the alleged breach of a written contract by two of […]

71 S.E.2d 537 HEALAN et al. v. HEALAN. 17907.Supreme Court of Georgia.SUBMITTED JUNE 9, 1952. DECIDED JULY 14, 1952. The judgment of the court below overruling the general demurrer to the petition was error. No. 17907. SUBMITTED JUNE 9, 1952 — DECIDED JULY 14, 1952. Specific performance. Before Judge Pratt. Jackson Superior Court. January 4, […]

144 S.E.2d 911 McCULLERS et al. v. WILLIAMSON et al. 23009.Supreme Court of Georgia.ARGUED JUNE 14, 1965. DECIDED SEPTEMBER 13, 1965. REHEARING DENIED OCTOBER 7, 1965. 1. Plaintiffs as residents, citizens, taxpayers, and parents of children of the Walton County School District have such interest in the offices held by defendants as members of the […]

548 S.E.2d 298 MASON v. THE STATE S01A0559.Supreme Court of Georgia. DECIDED: JUNE 4, 2001 BENHAM, Chief Justice. Appellant Reginald James Mason was convicted of murder after fatally shooting Jarret Emerson Dover.[1] The State presented evidence that the victim was shot five times with a Cobray semi-automatic 9mm pistol at his place of employment by […]

84 S.E.2d 85 TUGGLE v. THE STATE. 18674.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1954. DECIDED OCTOBER 13, 1954. CANDLER, Justice. 1. The motion for new trial in this case is based on the same evidence and the same charge of the court as in Fincher v. State, ante; and, with the exception of a special […]

232 S.E.2d 917 CONROY et al. v. JONES et al. 31612.Supreme Court of Georgia.ARGUED OCTOBER 13, 1976. DECIDED JANUARY 28, 1977. REHEARING DENIED FEBRUARY 14, 1977. GUNTER, Justice. This is a child custody case, the contesting parties being the child’s maternal grandparents as plaintiffs-appellees and the child’s natural parents as defendants-appellants. The child’s natural parents […]

272 S.E.2d 75 THE STATE v. GRAHAM. 36203.Supreme Court of Georgia.ARGUED JUNE 2, 1980. DECIDED SEPTEMBER 16, 1980. CLARKE, Justice. This is a review of Graham v. State, 153 Ga. App. 658 (266 S.E.2d 316) (1980), on writ certiorari. The writ was granted in order to consider whether a transcript of the voir dire is […]

172 S.E.2d 663 SUTTON, Administrator, et al. v. HUTCHINSON et al. 25586.Supreme Court of Georgia.SUBMITTED JANUARY 13, 1970. DECIDED FEBRUARY 5, 1970. FELTON, Justice. In this action by two of the heirs at law of the testatrix of a purported nuncupative will to set aside the judgment of a court of ordinary appointing the defendant […]

230 S.E.2d 304 BURNETT v. THE STATE. 31318.Supreme Court of Georgia.SUBMITTED JULY 2, 1976. DECIDED NOVEMBER 3, 1976. GUNTER, Justice. The appellant was convicted for having committed murder, the state waived the death penalty, and appellant was sentenced to life imprisonment. He has come here for review and enumerated two errors: (1) the trial court […]

532 S.E.2d 692 RITTER v. THE STATE. S00A0644.Supreme Court of Georgia. DECIDED JULY 5, 2000. THOMPSON, Justice. Hughey Edward Ritter was convicted by a jury of one count of malice murder and four counts of felony murder in connection with the bludgeoning death of Jack Barnhill.[1] Ritter appeals from the denial of his motion for […]

208 S.E.2d 456 PITTMAN et al. v. CITY OF JESUP. 28893.Supreme Court of Georgia.ARGUED MAY 13, 1974. DECIDED SEPTEMBER 3, 1974. GUNTER, Justice. The appellants who were plaintiffs below have come here for review of a judgment that awarded summary judgment in favor of defendant-appellee. Appellants enumerate one error, and it is that the trial […]

359 S.E.2d 636 BOWENS v. THE STATE. 44753.Supreme Court of Georgia. DECIDED SEPTEMBER 8, 1987. MARSHALL, Chief Justice. The appellant, Phillip D. Bowens, was convicted of the malice murder of Norman Ross, and he received a sentence of life imprisonment. In this appeal, the appellant contends, in his sole enumeration of error, that the trial […]

59 S.E.2d 400 GARR et al. v. E. W. BANKS COMPANY et al. 17033.Supreme Court of Georgia. APRIL 10, 1950. REHEARING DENIED MAY 11, 1950. HAWKINS, Justice. 1. “The right of taxation is a sovereign right — inalienable, indestructible — is the life of the State, and rightfully belongs to the people in all Republican […]

607 S.E.2d 592 WOODARD v. THE STATE. S04A1706.Supreme Court of Georgia. DECIDED JANUARY 10, 2005. BENHAM, Justice. Ernest Lee Woodard challenges in this appeal his convictions for the murder of Rio Barber, an aggravated assault against Steve Kyler, an aggravated assault against Quinton Dillard, and possession of a firearm during commission of a crime.[1] The […]

592 S.E.2d 854 BROWN v. BROWN et al. S03A1432.Supreme Court of Georgia. DECIDED FEBRUARY 16, 2003. FLETCHER, Chief Justice. Florrie Brown, the executrix of Bobby Brown’s purported last will and testament, appeals the DeKalb County Probate Court’s order denying probate of the purported will. The probate court, acting as the finder of fact, found that […]

620 S.E.2d 380 HOUGH v. THE STATE. THE STATE v. HANDSCHUH. S05G0311. S05G0640.Supreme Court of Georgia. DECIDED OCTOBER 3, 2005. MELTON, Justice. Because both of these appeals regard the constitutionality and construction of Georgia’s Implied Consent Statute, OCGA § 40-5-55, they have been consolidated for our review. In Case No. S05G0311, Scott Hough contends that […]

507 S.E.2d 411 HUNTER, MACLEAN, EXLEY DUNN, P.C. v. FRAME ET AL. S97G1816.Supreme Court of Georgia. DECIDED SEPTEMBER 14, 1998 — RECONSIDERATION DENIED OCTOBER 2, 1998. SEARS, Justice. This Court granted certiorari to the Court of Appeals in this legal malpractice action to consider that court’s reversal of the grant of summary judgment in favor […]

169 S.E.2d 160 ADAMS v. ADAMS. 25182.Supreme Court of Georgia.SUBMITTED MAY 13, 1969. DECIDED JUNE 16, 1969. REHEARING DENIED JULY 10, 1969. FRANKUM, Justice. The plaintiff and the defendant are husband and wife. On or about June 26, 1962, having previously separated, the wife filed suit for permanent and temporary alimony and for support for […]

207 S.E.2d 462 GERMAN v. JOHNSON et al. 28823.Supreme Court of Georgia.ARGUED MAY 14, 1974. DECIDED JULY 2, 1974. HALL, Justice. This is an appeal in a child custody proceeding. The father, to whom custody was given in the divorce decree, has moved to Texas. The mother remained in Georgia. Though the appeal is from […]

238 S.E.2d 85 SHAKUR v. THE STATE et al. 32479.Supreme Court of Georgia.SUBMITTED JULY 1, 1977. DECIDED SEPTEMBER 7, 1977. BOWLES, Justice. Appellant is presently serving a twenty-year sentence in Tennessee following his conviction there for the offense of armed robbery. This appeal was taken from the denial of appellant’s pro se post-conviction writ of […]

259 S.E.2d 457 TAMAS v. COLUMBUS, GEORGIA. 35047.Supreme Court of Georgia.ARGUED JULY 9, 1979. DECIDED SEPTEMBER 10, 1979. MARSHALL, Justice. This is a wrongful-death action being prosecuted by the mother of a child who drowned in a creek in Columbus, Page 201 Georgia. The City of Columbus is named as defendant. In the complaint, there […]

199 S.E.2d 190 J L OIL COMPANY INC. v. CITY OF CARROLLTON et al. 27848.Supreme Court of Georgia.ARGUED APRIL 9, 1973. DECIDED JUNE 28, 1973. REHEARING DENIED JULY 12, 1973. Note: The following is a dissent inadvertently omitted in J L Oil Company, Inc. v. City of Carrollton, page 817, ante. HAWES, Justice, dissenting. The […]

107 S.E.2d 799 CARTER v. HAYES, Solicitor-General. 20365.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1959. DECIDED MARCH 6, 1959. WYATT, Presiding Justice. Dewey Hayes, Solicitor-General of the Waycross Judicial Circuit, brought this suit against Odell Carter, doing business as Pine Lodge, to enjoin the said Carter from operating a business which it is charged constituted a […]

495 S.E.2d 276 IN RE K. S. L. S98A0627.Supreme Court of Georgia. DECIDED FEBRUARY 2, 1998. PER CURIAM. K. S. L. filed an application for certification of fitness to practice law. The Board To Determine Fitness of Bar Applicants (Board) tentatively denied the application, based, in part, upon an unprosecuted 1990 incident in which K.S.L. […]

173 S.E.2d 221 McKENZIE et al. v. BLANKS et al. 25651.Supreme Court of Georgia.ARGUED FEBRUARY 9, 1970. DECIDED FEBRUARY 19, 1970. FRANKUM, Justice. Where a transcript of the record in a case appealed to this court is transmitted to the clerk of this court upon a certificate of the clerk of the trial court that […]

386 S.E.2d 120 HOSPITAL AUTHORITY OF GWINNETT COUNTY et al. v. JONES et al. 46956.Supreme Court of Georgia. DECIDED NOVEMBER 22, 1989. RECONSIDERATION DENIED DECEMBER 20, 1989. HUNT, Justice. This case raises issues regarding punitive damages: whether the award is authorized under the facts of this case, whether the award is excessive, and whether punitive […]

98 S.E.2d 609 STEMBRIDGE et al. v. SMITH. 19660.Supreme Court of Georgia.ARGUED APRIL 8, 1957. DECIDED MAY 13, 1957. CANDLER, Justice. This litigation arose on November 2, 1955, when Y. Herman Smith filed an action against W. F. Stembridge of Crawford County, Georgia, and Leola Felton of Detroit, Michigan. In substance, the amended petition alleges: […]

195 S.E.2d 897 COFFEE v. THE STATE. 27634.Supreme Court of Georgia.SUBMITTED JANUARY 9, 1973. DECIDED FEBRUARY 8, 1973. NICHOLS, Justice. Willie James Coffee was indicted, tried and convicted for the murder of Cliffene Jones and sentenced to life imprisonment. The appeal is from this conviction. Prior to trial counsel for the defendant filed a written […]

205 S.E.2d 201 BROWN v. BROWN. 28712.Supreme Court of Georgia.ARGUED MARCH 11, 1974. DECIDED APRIL 4, 1974. UNDERCOFLER, Justice. This appeal is from a judgment awarding the wife a divorce, alimony and custody of a minor child. The jury awarded the wife the house in which she was living and stipulated that the husband was […]

209 S.E.2d 215 SPALDING COUNTY et al. v. EAST ENTERPRISES, INC. 29202.Supreme Court of Georgia.ARGUED SEPTEMBER 11, 1974. DECIDED OCTOBER 1, 1974. UNDERCOFLER, Justice. East Enterprises, Inc., filed a complaint in the Spalding Superior Court against Spalding County, the members of the Board of Commissioners of Roads and Revenues, individually and officially, the members of […]

29 S.E.2d 412 REESE et al. v. BAKER et al. 14765.Supreme Court of Georgia. FEBRUARY 9, 1944. 1. In a suit where there are more than one plaintiff and more than one defendant, and attorneys for all parties agree that the issue as between only one plaintiff and one defendant be submitted to the jury, […]

31 S.E.2d 399 CONNOR v. O’BRIEN. 14935.Supreme Court of Georgia. SEPTEMBER 7, 1944. 1. There is nothing in the act approved March 30, 1937 (Ga. L. 1937, p. 753), which makes it unlawful in dispossessory-warrant proceedings for an agent who is not a duly licensed attorney at law to swear out the warrant upon which […]

8 S.E.2d 73 MAYES et al. v. SIMONS et al. 12987.Supreme Court of Georgia. MARCH 15, 1940. 1. In the instant suit, in which the plaintiffs sought injunction to restrain the defendants from cultivating a plot of ground alleged to have been appropriated by their grandfather as a family cemetery, the evidence authorized a finding […]

494 S.E.2d 331 PARELLO v. MAIO. S97A1507.Supreme Court of Georgia. DECIDED JANUARY 12, 1998. HINES, Justice. This is an appeal from the judgment following a bench trial in this action seeking the imposition of a constructive trust regarding the purchase of commercial real estate. For the reasons which follow, we affirm the judgment. The trial […]

178 S.E.2d 198 BLOODWORTH, Executor, et al. v. BLOODWORTH (now Middlebrooks) et al. 26150.Supreme Court of Georgia.ARGUED OCTOBER 13, 1970. DECIDED NOVEMBER 5, 1970. REHEARING DENIED NOVEMBER 18, 1970. 1. Partners of a deceased member of a partnership, who are executors of his estate, are not precluded from showing by evidence not contained in the […]

123 S.E.2d 827 LIGHTSEY v. DIXON et al. 21524.Supreme Court of Georgia.ARGUED JANUARY 9, 1962. DECIDED JANUARY 22, 1962. ALMAND, Justice. On the trial of an equitable action seeking an injunction and a decree of title to land, and on the defendant’s cross-action seeking to have the petitioner enjoined from interfering with possession of a […]

620 S.E.2d 812 ESCOBAR v. THE STATE. S05A0798.Supreme Court of Georgia. DECIDED OCTOBER 11, 2005. SEARS, Chief Justice. The appellant, Manuel Escobar, appeals from his convictions for the murder of Javier Olazaba; for the armed robbery of Olazaba, Francisco Trejo, and Jose Guardado; and for the possession of a firearm during the commission of a […]

92 S.E.2d 17 EDWARDS v. EDWARDS. 19249.Supreme Court of Georgia.ARGUED FEBRUARY 14, 1956. DECIDED MARCH 12, 1956. DUCKWORTH, Chief Justice. The exception here is to an order adjudging plaintiff in error to be in contempt of court for non-payment of alimony as required by a previous order of the court, and providing that he may […]

444 S.E.2d 322 HOBBS v. ARTHUR. DINKINS v. DEPENDABLE COURIER SERVICE, INC. S93G1837, S94G0225.Supreme Court of Georgia. DECIDED JUNE 27, 1994. RECONSIDERATION DENIED JULY 14, 1994. THOMPSON, Justice. These consolidated cases are before the Court from the grant of certiorari to consider the Court of Appeals decisions i Hobbs v. Arthur, 209 Ga. App. 855 […]

583 S.E.2d 32 CAMPBELL et al. v. STATE ROAD TOLLWAY AUTHORITY et al. S03A0160.Supreme Court of Georgia. Decided June 30, 2003 FLETCHER, Chief Justice. The State of Georgia filed a petition to confirm and validate the issuance of Federal Highway Grant Anticipation Revenue Bonds, Series 2002 (Garvee Bonds) in an amount not to exceed $822 […]

596 S.E.2d 6 CHRISTIAN v. THE STATE. S04A0227.Supreme Court of Georgia. DECIDED APRIL 27, 2004. SEARS, Presiding Justice. Appellant Antonio Christian appeals his convictions for murder, aggravated assault and illegal firearm possession,[1] claiming the evidence failed to warrant the convictions and that his trial counsel was ineffective. Finding no merit to these claims, we affirm. […]

596 S.E.2d 132 FLETCHER v. THE STATE. S04A0467.Supreme Court of Georgia. DECIDED APRIL 27, 2004. FLETCHER, Chief Justice. A Fulton County jury convicted Willie Fletcher of felony murder and aggravated assault for his role in the shooting death of Anthony Dixon.[1] On appeal, Fletcher contends that the trial court erred by prohibiting him from commenting […]