sixth enumeration error (Georgia) · Go Syfert
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sixth enumeration error in Georgia

17 Georgia opinions name it 2 courts 1966–1993 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 (12)

CaseFollowedCited
Ferris v. Hillgreen
gactapp · 1984 · cited in 1 Georgia opinions naming this issue, 1993–1993
2 sentences

1993Ferris v. Hill, 172 Ga. App. 599, 600 ( 323 SE2d 895 ). 6.

1993Ferris v. Hill, 172 Ga. App. 599, 600 ( 323 SE2d 895 ). 6.

11
Kickasola v. Jim Wallace Oil Co.green
gactapp · 1978 · cited in 1 Georgia opinions naming this issue, 1985–1985
2 sentences

1985Kickasola v. Jim Wallace Oil Co., 144 Ga. App. 758, 760 (8) ( 242 SE2d 483 ).

1985Kickasola v. Jim Wallace Oil Co., 144 Ga. App. 758, 760 (8) ( 242 SE2d 483 ).

11
Baranan v. Fulton Countygreen
ga · 1974 · cited in 1 Georgia opinions naming this issue, 1980–1980
2 sentences

1980"An injunction may be granted to prevent an impending nuisance, continuing in nature, the consequences of which are reasonably certain." Baranan v. Fulton County, 232 Ga. 852, 855 ( 209 SE2d 188 ) (1974).

1980"An injunction may be granted to prevent an impending nuisance, continuing in nature, the consequences of which are reasonably certain." Baranan v. Fulton County, 232 Ga. 852, 855 ( 209 SE2d 188 ) (1974).

11
Hudson v. Stategreen
ga · 1977 · cited in 1 Georgia opinions naming this issue, 1979–1979
2 sentences

1979See Thomas v. State, 240 Ga. 454 (1) ( 241 SE2d 204 ) (1978); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977); Patterson v. State, 239 Ga. 409 (4b) ( 238 SE2d 2 ) (1977); Davis v. State, 237 Ga. 279 (2) ( 227 SE2d 249 ) (1976).

1979See Thomas v. State, 240 Ga. 454 (1) ( 241 SE2d 204 ) (1978); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977); Patterson v. State, 239 Ga. 409 (4b) ( 238 SE2d 2 ) (1977); Davis v. State, 237 Ga. 279 (2) ( 227 SE2d 249 ) (1976).

11
Thomas v. Stategreen
ga · 1978 · cited in 1 Georgia opinions naming this issue, 1979–1979
2 sentences

1979See Thomas v. State, 240 Ga. 454 (1) ( 241 SE2d 204 ) (1978); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977); Patterson v. State, 239 Ga. 409 (4b) ( 238 SE2d 2 ) (1977); Davis v. State, 237 Ga. 279 (2) ( 227 SE2d 249 ) (1976).

1979See Thomas v. State, 240 Ga. 454 (1) ( 241 SE2d 204 ) (1978); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977); Patterson v. State, 239 Ga. 409 (4b) ( 238 SE2d 2 ) (1977); Davis v. State, 237 Ga. 279 (2) ( 227 SE2d 249 ) (1976).

11
Daniel v. Stategreen
ga · 1939 · cited in 1 Georgia opinions naming this issue, 1974–1974
2 sentences

1974See Daniel v. State, 187 Ga. 411, 414 ( 1 SE2d 6 ); Wade v. State, 65 Ga. 756, 760 .

1974See Daniel v. State, 187 Ga. 411, 414 ( 1 SE2d 6 ); Wade v. State, 65 Ga. 756, 760 .

11
Moore v. Hansongreen
ga · 1968 · cited in 1 Georgia opinions naming this issue, 1970–1970
2 sentences

1970Compare Moore v. Hanson, 224 Ga. 482 ( 162 SE2d 429 ).

1970Compare Moore v. Hanson, 224 Ga. 482 ( 162 SE2d 429 ).

11
Spurlin v. Stategreen
ga · 1966 · cited in 1 Georgia opinions naming this issue, 1970–1970
2 sentences

1970Compare Spurlin v. State, 222 Ga. 179 (6) ( 149 SE2d 315 ). 3.

1970Compare Spurlin v. State, 222 Ga. 179 (6) ( 149 SE2d 315 ). 3.

11
Dicken v. Johnsongreen
ga · 1849 · cited in 1 Georgia opinions naming this issue, 1969–1969
1 sentence

1969See Dicken v. Johnson, 7 Ga. 484; Martin v. Martin, 185 Ga. 349, 352 ( 195 SE 159 ). ' The sixth enumeration of error complains of an excerpt from the court’s charge instructing the jury “that mere sickness of mind resulting from old age, or feebleness of health, not amounting to imbecility, is not sufficient to warrant a jury in setting aside a deed, in the absence of fraud or undue influence.” This excerpt from the court’s charge, while stating a correct principle of law, was erroneous in that there was no evidence of the grantor’s physical condition, his age or that any mental impairment wh

11
Martin v. Martingreen
ga · 1938 · cited in 1 Georgia opinions naming this issue, 1969–1969
2 sentences

1969See Dicken v. Johnson, 7 Ga. 484; Martin v. Martin, 185 Ga. 349, 352 ( 195 SE 159 ). ' The sixth enumeration of error complains of an excerpt from the court’s charge instructing the jury “that mere sickness of mind resulting from old age, or feebleness of health, not amounting to imbecility, is not sufficient to warrant a jury in setting aside a deed, in the absence of fraud or undue influence.” This excerpt from the court’s charge, while stating a correct principle of law, was erroneous in that there was no evidence of the grantor’s physical condition, his age or that any mental impairment wh

1969See Dicken v. Johnson, 7 Ga. 484; Martin v. Martin, 185 Ga. 349, 352 ( 195 SE 159 ). ' The sixth enumeration of error complains of an excerpt from the court’s charge instructing the jury “that mere sickness of mind resulting from old age, or feebleness of health, not amounting to imbecility, is not sufficient to warrant a jury in setting aside a deed, in the absence of fraud or undue influence.” This excerpt from the court’s charge, while stating a correct principle of law, was erroneous in that there was no evidence of the grantor’s physical condition, his age or that any mental impairment wh

11
Hardwick v. Pricegreen
gactapp · 1966 · cited in 1 Georgia opinions naming this issue, 1968–1968
1 sentence

1968Hardwick v. Price, 114 Ga. App. 817, 821 (3), supra. The ground contained in the defendant Mullis’s enumeration of errors that the verdict was excessive being unlikely to recur on a subsequent trial need not be considered.

11
Peters v. Stategreen
gactapp · 1945 · cited in 1 Georgia opinions naming this issue, 1966–1966
2 sentences

1966Under the decision in Peters v. State, 72 Ga. App. 157, 160 ( 33 SE2d 454 ), and the cases there cited, the charge was error but harmless where there was no evidence by which a jury could be misled.

1966Under the decision in Peters v. State, 72 Ga. App. 157, 160 ( 33 SE2d 454 ), and the cases there cited, the charge was error but harmless where there was no evidence by which a jury could be misled.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
Patterson v. State green
ga · 1977
2 sentences

1979See Thomas v. State, 240 Ga. 454 (1) ( 241 SE2d 204 ) (1978); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977); Patterson v. State, 239 Ga. 409 (4b) ( 238 SE2d 2 ) (1977); Davis v. State, 237 Ga. 279 (2) ( 227 SE2d 249 ) (1976).

1979See Thomas v. State, 240 Ga. 454 (1) ( 241 SE2d 204 ) (1978); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977); Patterson v. State, 239 Ga. 409 (4b) ( 238 SE2d 2 ) (1977); Davis v. State, 237 Ga. 279 (2) ( 227 SE2d 249 ) (1976).

11979–1979
Davis v. State green
ga · 1976
2 sentences

1979See Thomas v. State, 240 Ga. 454 (1) ( 241 SE2d 204 ) (1978); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977); Patterson v. State, 239 Ga. 409 (4b) ( 238 SE2d 2 ) (1977); Davis v. State, 237 Ga. 279 (2) ( 227 SE2d 249 ) (1976).

1979See Thomas v. State, 240 Ga. 454 (1) ( 241 SE2d 204 ) (1978); Hudson v. State, 240 Ga. 70, 74 ( 239 SE2d 330 ) (1977); Patterson v. State, 239 Ga. 409 (4b) ( 238 SE2d 2 ) (1977); Davis v. State, 237 Ga. 279 (2) ( 227 SE2d 249 ) (1976).

11979–1979
Spaulding v. State green
ga · 1974
2 sentences

1975The recharge in this case was, for all practical purposes, the same as that dealt with in Spaulding v. State, 232 Ga. 411 (4) ( 207 SE2d 43 ), and held to be a proper charge.

1975The recharge in this case was, for all practical purposes, the same as that dealt with in Spaulding v. State, 232 Ga. 411 (4) ( 207 SE2d 43 ), and held to be a proper charge.

11975–1975
Wade v. State green
ga · 1880
1 sentence

1974See Daniel v. State, 187 Ga. 411, 414 ( 1 SE2d 6 ); Wade v. State, 65 Ga. 756, 760 .

11974–1974
Ham v. South Carolina green
scotus · 1973
1 sentence

1974In support of his contention, appellant relies on the case of Ham v. South Carolina, 409 U. S. 524 (1973), which held that the Fourteenth Amendment requires such questions on voir dire, upon timely request, if the possibility of racial prejudice exists.

11974–1974
Moody v. State green
ga · 1960
2 sentences

1972The appellant contends that robbery by use of an offensive weapon is not one of the felonies excepted from the provisions of Code Ann. §27-2501 (Ga. L. 1939, pp. 285, 287), authorizing the jury to recommend misdemeanor punishment in all felonies except those specified therein, and relies on Moody v. State, 216 Ga. 192 (3) ( 115 SE2d 526 ), holding that it was error not to charge the jury that they were authorized to recommend misdemeanor punishment where the accused was charged with robbery by the use of an offensive weapon.

1972The appellant contends that robbery by use of an offensive weapon is not one of the felonies excepted from the provisions of Code Ann. §27-2501 (Ga. L. 1939, pp. 285, 287), authorizing the jury to recommend misdemeanor punishment in all felonies except those specified therein, and relies on Moody v. State, 216 Ga. 192 (3) ( 115 SE2d 526 ), holding that it was error not to charge the jury that they were authorized to recommend misdemeanor punishment where the accused was charged with robbery by the use of an offensive weapon.

11972–1972
Jackson v. Denno green
scotus · 1964
2 sentences

1970Where during the trial of a criminal case a hearing is held outside the presence of the jury with reference to the voluntariness of a statement made by the defendant and at such hearing it is undisputed that prior to making such statement the defendant was advised of his constitutional rights and thereafter voluntarily made a statement the requirements of Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908, 1 ALR3rd 1205) are met, and the admission of such statement, and the facts surrounding it, into evidence is not error.

1970Where during the trial of a criminal case a hearing is held outside the presence of the jury with reference to the voluntariness of a statement made by the defendant and at such hearing it is undisputed that prior to making such statement the defendant was advised of his constitutional rights and thereafter voluntarily made a statement the requirements of Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908, 1 ALR3rd 1205) are met, and the admission of such statement, and the facts surrounding it, into evidence is not error.

11970–1970
Dye v. State green
ga · 1964
2 sentences

1969Under the decision in Dye v. State, 220 Ga. 113 ( 137 SE2d 465 ), and the cases cited, this action of the trial court was not error. 6.

1969Under the decision in Dye v. State, 220 Ga. 113 ( 137 SE2d 465 ), and the cases cited, this action of the trial court was not error. 6.

11969–1969
Board of Education v. Purse green
ga · 1897
2 sentences

1968In support of these enumerations of error the defendant relies on the decision of this court in Bd. of Ed. of Cartersville v. Purse, 101 Ga. 422 ( 28 SE 896 , 41 LRA 593, 65 ASR 312), where the question of a father's right to determine the education which will be given his children was exhaustively discussed. *23 Such decision was not by a full bench of this court, but even assuming without deciding such decision is binding and applicable today it in no wise controls the present case.

1968In support of these enumerations of error the defendant relies on the decision of this court in Bd. of Ed. of Cartersville v. Purse, 101 Ga. 422 ( 28 SE 896 , 41 LRA 593, 65 ASR 312), where the question of a father's right to determine the education which will be given his children was exhaustively discussed. *23 Such decision was not by a full bench of this court, but even assuming without deciding such decision is binding and applicable today it in no wise controls the present case.

11968–1968
Blue v. Ford green
ga · 1852
1 sentence

1967The trial court also erred in overruling the motion for judgment notwithstanding the verdict based upon said motion for directed verdict.” Appellants cite as supporting authority for this insistence Blue v. Ford, 12 Ga. 45, which holds on p. 47 that, under the then new pleadings Act of 1847, where in the trial of a suit on account the evidence disclosed the account was made under the terms of a written contract and that the plaintiff had not complied with the contract, the defendant was entitled to a nonsuit, but that it was error to direct a verdict in the defendant’s favor.

11967–1967

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