fourth enumeration error in Georgia

24 Georgia opinions name it 2 courts 1966–2007 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (19)

Case	Followed	Cited
Brooks v. Stategreen gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	1
Kirkland v. Stategreen gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	1
Baker v. Stategreen gactapp · 2001 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	1
Hill v. Stategreen gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	1
Dotson v. Stategreen gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	1
Moody v. Stategreen gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	1
Foster v. Stategreen gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	1
Lutz v. Stategreen ga · 2001 · cited in 1 Georgia opinions naming this issue, 2007–2007 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	1
State v. Stephensgreen ga · 1984 · cited in 1 Georgia opinions naming this issue, 2003–2003 2 sentences 2003In determining probable cause for a search warrant, the magistrate is merely to “make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before (the magistrate), including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” DeYoung v. State, 268 Ga. 780, 787 (7) ( 493 SE2d 157 ) (1997), quoting State v. Stephens, 252 Ga. 181, 182 ( 311 SE2d 823 ) (1984). . . . 2003In determining probable cause for a search warrant, the magistrate is merely to “make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before (the magistrate), including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” DeYoung v. State, 268 Ga. 780, 787 (7) ( 493 SE2d 157 ) (1997), quoting State v. Stephens, 252 Ga. 181, 182 ( 311 SE2d 823 ) (1984). . . .	1	1
DeYoung v. Stategreen ga · 1997 · cited in 1 Georgia opinions naming this issue, 2003–2003 2 sentences 2003In determining probable cause for a search warrant, the magistrate is merely to “make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before (the magistrate), including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” DeYoung v. State, 268 Ga. 780, 787 (7) ( 493 SE2d 157 ) (1997), quoting State v. Stephens, 252 Ga. 181, 182 ( 311 SE2d 823 ) (1984). . . . 2003In determining probable cause for a search warrant, the magistrate is merely to “make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before (the magistrate), including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” DeYoung v. State, 268 Ga. 780, 787 (7) ( 493 SE2d 157 ) (1997), quoting State v. Stephens, 252 Ga. 181, 182 ( 311 SE2d 823 ) (1984). . . .	1	1
State of Ga. v. Davisgreen ga · 1980 · cited in 1 Georgia opinions naming this issue, 1997–1997 2 sentences 1997OCGA § 16-4-7 (a) states that “[a] person commits the offense of 368 criminal solicitation when, with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.” The Supreme Court, in State of Ga. v. Davis, 246 Ga. 761, 762-763 (2) ( 272 SE2d 721 ) (1980), construed this statute to mean, that “only a relatively overt statement or request intended to bring about action on the part of another person will bring a defendant within the statute. 1997OCGA § 16-4-7 (a) states that “[a] person commits the offense of 368 criminal solicitation when, with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes, or otherwise attempts to cause the other person to engage in such conduct.” The Supreme Court, in State of Ga. v. Davis, 246 Ga. 761, 762-763 (2) ( 272 SE2d 721 ) (1980), construed this statute to mean, that “only a relatively overt statement or request intended to bring about action on the part of another person will bring a defendant within the statute.	1	1
Edwards v. Stategreen ga · 1988 · cited in 1 Georgia opinions naming this issue, 1989–1989 2 sentences 1989See Edwards v. State, 258 Ga. 12 (2) ( 364 SE2d 869 ) (1988) and cits. 1989See Edwards v. State, 258 Ga. 12 (2) ( 364 SE2d 869 ) (1988) and cits.	1	1
Richards v. Harpegreen gactapp · 1930 · cited in 1 Georgia opinions naming this issue, 1986–1986 2 sentences 1986“Where the court clearly charged the jury that a duty rested upon the plaintiff to prove the allegations of her petition by a preponderance of the evidence, it was not error prejudicial to the plaintiff for 396 the court to tell the jury that if there was any doubt as to where the preponderance of the evidence rested, the doubt should be solved in favor of the side that does not have to ‘preponderate’ in the evidence.” Richards v. Harpe, 42 Ga. App. 123, 126 (12) ( 155 SE 85 ). 1986“Where the court clearly charged the jury that a duty rested upon the plaintiff to prove the allegations of her petition by a preponderance of the evidence, it was not error prejudicial to the plaintiff for 396 the court to tell the jury that if there was any doubt as to where the preponderance of the evidence rested, the doubt should be solved in favor of the side that does not have to ‘preponderate’ in the evidence.” Richards v. Harpe, 42 Ga. App. 123, 126 (12) ( 155 SE 85 ).	1	1
Jarrell v. Stategreen ga · 1975 · cited in 1 Georgia opinions naming this issue, 1986–1986 2 sentences 1986“To avoid multiplicity of prosecutions, a prosecutor is required by law to prosecute in a single prosecution all known crimes arising from the same conduct within the jurisdiction of a single court, subject to the right to severance by the court in the interest of justice.” Jarrell v. State, 234 Ga. 410, 412 (1) ( 216 SE2d 258 ) (1975), citing Code Ann. § 26-506 (OCGA § 16-1-7). 1986“To avoid multiplicity of prosecutions, a prosecutor is required by law to prosecute in a single prosecution all known crimes arising from the same conduct within the jurisdiction of a single court, subject to the right to severance by the court in the interest of justice.” Jarrell v. State, 234 Ga. 410, 412 (1) ( 216 SE2d 258 ) (1975), citing Code Ann. § 26-506 (OCGA § 16-1-7).	1	1
Coleman v. Stategreen ga · 1976 · cited in 1 Georgia opinions naming this issue, 1983–1983 2 sentences 1983“The law in Georgia is well established, and a myriad of cases so hold, that a motion for a change of venue addresses itself to the sound discretion of the trial judge, and that discretion will not be disturbed on appeal unless it can be shown that there was an abuse of this discretion.” Coleman v. State, 237 Ga. 84, 90 ( 226 SE2d 911 ). 1983“The law in Georgia is well established, and a myriad of cases so hold, that a motion for a change of venue addresses itself to the sound discretion of the trial judge, and that discretion will not be disturbed on appeal unless it can be shown that there was an abuse of this discretion.” Coleman v. State, 237 Ga. 84, 90 ( 226 SE2d 911 ).	1	1
Whitley v. Whitleygreen ga · 1964 · cited in 1 Georgia opinions naming this issue, 1978–1978 2 sentences 1978See Whitley v. Whitley, 220 Ga. 471, 473 ( 139 SE2d 381 ) (1964). 1978See Whitley v. Whitley, 220 Ga. 471, 473 ( 139 SE2d 381 ) (1964).	1	1
Williams v. Overstreetgreen ga · 1973 · cited in 1 Georgia opinions naming this issue, 1978–1978 2 sentences 1978In Williams v. Overstreet, 230 Ga. 112, 115 ( 195 SE2d 906 ) (1973), this court held: "Appellants concede that this is an equitable action by expressly invoking the appellate jurisdiction of this court as an equity case rather than the appellate jurisdiction of the Court of Appeals. 1978In Williams v. Overstreet, 230 Ga. 112, 115 ( 195 SE2d 906 ) (1973), this court held: "Appellants concede that this is an equitable action by expressly invoking the appellate jurisdiction of this court as an equity case rather than the appellate jurisdiction of the Court of Appeals.	1	1
Cody v. Stategreen ga · 1906 · cited in 1 Georgia opinions naming this issue, 1977–1977	1	1
Ryder Truck Rental, Inc. v. Gianotosgreen gactapp · 1966 · cited in 1 Georgia opinions naming this issue, 1976–1976	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (21)

Case	Cited	Years
Taylor v. State green gactapp · 2006 2 sentences 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State, 2007Miller and Ellington, JJ., concur. 1 Gamble also asserted a fourth enumeration of error concerning the issue of when he was taken into custody, but he has withdrawn that enumeration of error on the basis that the issue was not properly preserved for appellate review. 2 Taylor v. State, 278 Ga. App. 181 (1) ( 628 SE2d 611 ) (2006). 3 Dotson v. State, 276 Ga. App. 418, 418-419 (1) (a) ( 623 SE2d 252 ) (2005). 4 See Foster v. State, 258 Ga. App. 601, 601-603 (1) ( 574 SE2d 843 ) (2002); Brooks v. State, 187 Ga. App. 194, 194-195 (1) ( 369 SE2d 801 ) (1988). 5 (Citations omitted.) Moody v. State,	1	2007–2007
Mason v. State green gactapp · 1978 2 sentences 1980In the fourth enumeration of error, the appéllant argues: "The trial court erred in failing to instruct the jury as to the status of a private citizen in effecting an arrest.” In Mason v. State, 147 Ga. App. 179 (7) ( 248 SE2d 302 ) (1978), the Court of Appeals held that the trial court erred in refusing to give a timely request to charge the jury under Code Ann. § 92A-2108 (Ga. L. 1970, pp. 208, 212; as amended, Ga. L. 1977, pp. 1180, 1181), which contains the pre-employment statutory requirements for peace officers, and Code Ann. § 92A-2115 (Ga. L. 1970, pp. 208, 215; as amended, Ga. L. 1977 1980In the fourth enumeration of error, the appéllant argues: "The trial court erred in failing to instruct the jury as to the status of a private citizen in effecting an arrest.” In Mason v. State, 147 Ga. App. 179 (7) ( 248 SE2d 302 ) (1978), the Court of Appeals held that the trial court erred in refusing to give a timely request to charge the jury under Code Ann. § 92A-2108 (Ga. L. 1970, pp. 208, 212; as amended, Ga. L. 1977, pp. 1180, 1181), which contains the pre-employment statutory requirements for peace officers, and Code Ann. § 92A-2115 (Ga. L. 1970, pp. 208, 215; as amended, Ga. L. 1977	1	1980–1980
Pullen v. State green gactapp · 1978 2 sentences 1980Pullen v. State, 146 Ga. App. 665 ( 247 SE2d 128 ) (1978). 1980Pullen v. State, 146 Ga. App. 665 ( 247 SE2d 128 ) (1978).	1	1980–1980
Miranda v. Arizona green scotus · 1966 2 sentences 1979In the fourth enumeration of error, the appellant argues that the trial court erred in allowing the district attorney to ask questions of witnesses in such a manner as to: (1) comment on the appellant’s postarrest silence, thereby running afoul of Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966) and Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 LE2d 91) (1976); and (2) shift to the appellant the burden of proving his innocence, thereby violating Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508) (1975). 1979In the fourth enumeration of error, the appellant argues that the trial court erred in allowing the district attorney to ask questions of witnesses in such a manner as to: (1) comment on the appellant's postarrest silence, thereby running afoul of Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966) and Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 LE2d 91) (1976); and (2) shift to the appellant the burden of proving his innocence, thereby violating Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508). (1975).	1	1979–1979
Francis v. Henderson green scotus · 1976 1 sentence 1979Barrow did not take his chances with unchallenged grand and traverse juries then attempt to challenge the arrays after conviction, this being the trial tactic that is precluded by such decisions as Francis v. Henderson, 425 U. S. 536 (96 SC 1708, 48 LE2d 149) (1976) and Goodwin v. Hopper, supra. The fourth enumeration of error is without merit. 5.	1	1979–1979
Mullaney v. Wilbur green scotus · 1975 2 sentences 1979In the fourth enumeration of error, the appellant argues that the trial court erred in allowing the district attorney to ask questions of witnesses in such a manner as to: (1) comment on the appellant’s postarrest silence, thereby running afoul of Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966) and Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 LE2d 91) (1976); and (2) shift to the appellant the burden of proving his innocence, thereby violating Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508) (1975). 1979In the fourth enumeration of error, the appellant argues that the trial court erred in allowing the district attorney to ask questions of witnesses in such a manner as to: (1) comment on the appellant's postarrest silence, thereby running afoul of Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966) and Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 LE2d 91) (1976); and (2) shift to the appellant the burden of proving his innocence, thereby violating Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508). (1975).	1	1979–1979
Doyle v. Ohio green scotus · 1976 2 sentences 1979In the fourth enumeration of error, the appellant argues that the trial court erred in allowing the district attorney to ask questions of witnesses in such a manner as to: (1) comment on the appellant’s postarrest silence, thereby running afoul of Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966) and Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 LE2d 91) (1976); and (2) shift to the appellant the burden of proving his innocence, thereby violating Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508) (1975). 1979In the fourth enumeration of error, the appellant argues that the trial court erred in allowing the district attorney to ask questions of witnesses in such a manner as to: (1) comment on the appellant's postarrest silence, thereby running afoul of Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966) and Doyle v. Ohio, 426 U. S. 610 (96 SC 2240, 49 LE2d 91) (1976); and (2) shift to the appellant the burden of proving his innocence, thereby violating Mullaney v. Wilbur, 421 U. S. 684 (95 SC 1881, 44 LE2d 508). (1975).	1	1979–1979
Jones v. State green ga · 1979 1 sentence 1979Division, 1, supra. Jones v. State, 243 Ga. 584 , supra. Submitted June 11, 1979 Decided September 6, 1979 .	1	1979–1979
Bethay v. State green ga · 1975 2 sentences 1978In accordance with the standard announced in Bethay v. State, 235 Ga. 371 (1) ( 219 SE2d 743 ), we have examined all the evidence introduced at trial and have determined that there was sufficient evidence, under the "any evidence” rule of Bethay , to justify the denial of appellant’s motion for a directed verdict. 3. 1978In accordance with the standard announced in Bethay v. State, 235 Ga. 371 (1) ( 219 SE2d 743 ), we have examined all the evidence introduced at trial and have determined that there was sufficient evidence, under the "any evidence” rule of Bethay , to justify the denial of appellant’s motion for a directed verdict. 3.	1	1978–1978
Presley v. State neutral ga · 1905	1	1977–1977
Coleman v. State neutral ga · 1907	1	1977–1977
Murray v. Tarver neutral ga · 1907	1	1977–1977
Allen v. United States green · 1896	1	1977–1977
Winget v. State green gactapp · 1976	1	1977–1977
Cagle v. State green gactapp · 1974	1	1977–1977
Ratcliff v. Ratcliff green ga · 1964 2 sentences 1977The charge complained of in the fourth enumeration of error, the "Allen” charge, Allen v. United States, 164 U. S. 492 (1896), was approved by our Supreme Court in Ratcliff v. Ratcliff, 219 Ga. 545 ( 134 SE2d 605 ). 1977The charge complained of in the fourth enumeration of error, the "Allen” charge, Allen v. United States, 164 U. S. 492 (1896), was approved by our Supreme Court in Ratcliff v. Ratcliff, 219 Ga. 545 ( 134 SE2d 605 ).	1	1977–1977
Willadsen v. Willadsen green ga · 1973 2 sentences 1977There is no transcript of the evidence presented to the trial court, and we must assume the court was authorized to find: ". . . that it is to the best interest of said minor child that his custody be placed in the Defendant, Terry Lee Griffin.” See Willadsen v. Willadsen, 230 Ga. 607 ( 198 SE2d 318 ) (1973). . 2. 1977There is no transcript of the evidence presented to the trial court, and we must assume the court was authorized to find: ". . . that it is to the best interest of said minor child that his custody be placed in the Defendant, Terry Lee Griffin.” See Willadsen v. Willadsen, 230 Ga. 607 ( 198 SE2d 318 ) (1973). . 2.	1	1977–1977
City of Gainesville v. Hall County Board of Education green ga · 1974 1 sentence 1977The appellant’s main argument, contained in the fourth enumeration of error, is that the trial judge erred in holding that the city could properly annex these tracts of land, under the authority of City of Gainesville, 233 Ga. 77 , supra. In the City of Gainesville case, the Hall County Board of Education had brought suit against the City of Gainesville to declare void various annexation ordinances passed by the city.	1	1977–1977
Owens Hardware Co. v. Walters green ga · 1954 2 sentences 1977The fourth enumeration of error complains of the court’s failure to give a requested charge on the principle of law set forth in Owens Hardware Co. v. Walters, 210 Ga. 321 ( 80 SE2d 285 ) (1954). 1977The fourth enumeration of error complains of the court’s failure to give a requested charge on the principle of law set forth in Owens Hardware Co. v. Walters, 210 Ga. 321 ( 80 SE2d 285 ) (1954).	1	1977–1977
Lynn v. State green ga · 1974	1	1975–1975
Salisbury v. State green ga · 1966	1	1966–1966

← Caselaw search · G Cite Topics · Brief Check