fifth enumeration error in Georgia

2014As explained more fully in Stewart v. State, 328 Ga. App. 78 ( 761 SE2d 497 ) (2014), Beasley was convicted of trafficking cocaine after drugs were discovered in a hotel room that he shared with his girlfriend, Kayla Stewart, on December 24,2011.

2014As explained more fully in Stewart v. State, 328 Ga. App. 78 ( 761 SE2d 497 ) (2014), Beasley was convicted of trafficking cocaine after drugs were discovered in a hotel room that he shared with his girlfriend, Kayla Stewart, on December 24,2011.

1997After conducting a lengthy hearing under Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964), the trial judge found that appellant’s custodial statement was freely and voluntarily made without hope or expectation of benefit.

1996Instead, two unrelated allegations of error are combined, thereby risking “our enforcing that law and declining to consider the merits. . . .” Hayes v. State, 189 Ga. App. 39 (1) ( 375 SE2d 114 ).

1996Instead, two unrelated allegations of error are combined, thereby risking “our enforcing that law and declining to consider the merits. . . .” Hayes v. State, 189 Ga. App. 39 (1) ( 375 SE2d 114 ).

1982Durham v. State, 70 Ga. 264 (11) (1883).

1977The fifth enumeration of error complains of the charge on constructive knowledge as a violation of constitutional requirements of scienter as set forth in *496 Hamling v. United States, 418 U. S. 87 (94 SC 2887, 41 LE2d 590) (1973).

1977In Hamling, supra, at p. 123 , the court held: "It is constitutionally sufficient that the prosecution show that a defendant had knowledge of the contents of the materials he distributed, and that he knew the character and nature of the materials.

1976DeKalb County v. McFarland, 231 Ga. 649 (203 SE2d 495); Maloy v. Dixon, 127 Ga. App. 151 ( 193 SE2d 19 ). (b) The fifth enumeration of error asserts the trial court erred in giving a charge requested by appellee dealing with sudden emergency.

1976DeKalb County v. McFarland, 231 Ga. 649 (203 SE2d 495); Maloy v. Dixon, 127 Ga. App. 151 ( 193 SE2d 19 ). (b) The fifth enumeration of error asserts the trial court erred in giving a charge requested by appellee dealing with sudden emergency.

1976DeKalb County v. McFarland, 231 Ga. 649 (203 SE2d 495); Maloy v. Dixon, 127 Ga. App. 151 ( 193 SE2d 19 ). (b) The fifth enumeration of error asserts the trial court erred in giving a charge requested by appellee dealing with sudden emergency.

1976DeKalb County v. McFarland, 231 Ga. 649 (203 SE2d 495); Maloy v. Dixon, 127 Ga. App. 151 ( 193 SE2d 19 ). (b) The fifth enumeration of error asserts the trial court erred in giving a charge requested by appellee dealing with sudden emergency.

1974"An inadvertent statement, or mere slip of the judge's tongue, not prejudicial to the complaining party, does not require the grant of a new trial." City of Summerville v. Sellers, 94 Ga. App. 152 (7) ( 94 SE2d 69 ).

1974"An inadvertent statement, or mere slip of the judge's tongue, not prejudicial to the complaining party, does not require the grant of a new trial." City of Summerville v. Sellers, 94 Ga. App. 152 (7) ( 94 SE2d 69 ).

1973The fifth enumeration of error concerns a portion of the charge which was held to be reversible error in Chambers v. State, 127 Ga. App. 196 (5) ( 192 SE2d 916 ).

1973The fifth enumeration of error concerns a portion of the charge which was held to be reversible error in Chambers v. State, 127 Ga. App. 196 (5) ( 192 SE2d 916 ).

1972This court in Hensley v. State, 228 Ga. 501 (3) ( 186 SE2d 729 ), held adversely to the appellant’s contention on this identical question, when we ruled that: "The trial court did not err, certainly, in the absence of a request therefor, to *467 charge in any other language than that used with respect to the necessity that they find that the defendant possessed a criminal intent before they would be authorized to convict.

1972This court in Hensley v. State, 228 Ga. 501 (3) ( 186 SE2d 729 ), held adversely to the appellant’s contention on this identical question, when we ruled that: "The trial court did not err, certainly, in the absence of a request therefor, to *467 charge in any other language than that used with respect to the necessity that they find that the defendant possessed a criminal intent before they would be authorized to convict.

1970Counsel concedes that this question was decided adversely to his contention in Jackson v. State, 225 Ga. 790 (4) ( 171 SE2d 501 ).

1970Counsel concedes that this question was decided adversely to his contention in Jackson v. State, 225 Ga. 790 (4) ( 171 SE2d 501 ).

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.

1968See Williams v. State, 222 Ga. 208 , supra; Clarke v. Grimes, 223 Ga. 461 (4) ( 156 SE2d 91 ), and citations.

1968See Williams v. State, 222 Ga. 208 , supra; Clarke v. Grimes, 223 Ga. 461 (4) ( 156 SE2d 91 ), and citations.