Roberts v. State, 37 S.E. 879 (Ga. 1901). · Go Syfert
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Roberts v. State, 37 S.E. 879 (Ga. 1901). Cases Citing This Book View Copy Cite
25 citation events across 4 distinct courts.
Strongest positive: COTTON STATES MUTUAL INSURANCE COMPANY v. Tabor (gactapp, 1959-12-04)
Treatment trajectory · 1901 → 2026 · click a year to view as-of
1901 1963 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited as authority (rule) COTTON STATES MUTUAL INSURANCE COMPANY v. Tabor
Ga. Ct. App. · 1959 · confidence medium
Reese v. Burts, 39 Ga. 565 ; Langford v. Langford, 82 Ga. 202 ( 8 S. E. 76 ); Banks v. Walker, 112 Ga. 542, 544 ( 37 S. E. 866 ); Baumgartner v. McKinnon, 137 Ga. 165 ( 73 S. E. 518 , 38 L.
discussed Cited as authority (rule) Morris v. Fulton County Federal Savings & Loan Ass'n
Ga. · 1955 · confidence medium
In Banks v. Walker, 112 Ga. 542, 544 ( 37 S. E. 866 ), it was said that the Code declares that “a temporary administrator may sue for the collection of debts or personal property of the intestate.” It was then said: “There is no other section of the code which can be construed as giving to the temporary administrator any larger powers than these.
cited Cited as authority (rule) Furr v. Jordan
Ga. · 1943 · confidence medium
Banks v. Walker, 112 Ga. 542, 544 ( 37 S. E. 866 ).
discussed Cited as authority (rule) Carmichael v. Mobley
Ga. Ct. App. · 1935 · confidence medium
The powers of an executor, after probate in common form, as to preservation of the estate are thus analogous to those of a temporary administrator under §§ 3935-3937 (see Garland v. Milling, 6 Ga. 310, 316 ), who, while he can not sue to recover land not in his possession (Ward v. McDonald, 135 Ga. 515 , 69 S. E. 817 ; Doris v. Story, 122 Ga. 611 , 50 S. E. 348 ), yet, where land is already in his possession, has the power and duty in protecting the estate to represent it in an action affecting such possession, and “may file an illegality to an execution proceeding to sell the intestate’…
discussed Cited "see" Doris v. Story (2×)
Ga. · 1905 · signal: see · confidence high
See Banks v. Walker, 112 Ga. 542 .
cited Cited "see" Norman v. Goode
Ga. · 1901 · signal: see · confidence high
See Banks v. Walker, 112 Ga. 542 . 2.
discussed Cited "see, e.g." Delk v. State (2×)
Ga. · 1910 · signal: see also · confidence low
See also Roberts v. State, 112 Ga. 542 ( 37 S. E. 879 ).
Retrieving the full opinion text from the archive…
Roberts
v.
State
Supreme Court of Georgia.
Jan 24, 1901.
37 S.E. 879
Perry & Tipton, for plaintiff in error. J. M. Terrell, attorney-general, and W. E. Wooten, solicitor-general, contra.
Little.
Cited by 2 opinions  |  Published
Little, J.

On the trial of one accused of murder, who set up as his defense that the gun, a shot from which inflicted the fatal wound, was accidentally discharged, it was error to charge the jury that if they believed from the evidence “ that the killing of the deceased . . was the result of criminal negligence — gross negligence in the handling of his Winchester rifle while it was pointing in her direction, in the direction of her body, it would constitute the offense of murder.” Austin v. State, 110 Ga. 748.

While the evidence fully authorized the verdict of guilty, the jury might, if they saw proper, have believed the statement of the accused. It was therefore material, if any charge on the subject was given, that the legal principles applicable to the defense set up by the statement should have been correctly stated to the jury.

Judgment reversed.

All the Justices concurring.