give instruction in Georgia

11 Georgia opinions name it 2 courts 1893–2022 1 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 (5)

Case	Followed	Cited
Woodard v. Stategreen ga · 2015 · cited in 1 Georgia opinions naming this issue, 2022–2022 2 sentences 2022See Woodard v. State, 296 Ga. 803, 809 (3) (a) (771 SE2d 362) (2015) (holding that, where the defendant did not object to a jury instruction and indeed requested that the trial court give the instruction in question, the defendant “affirmatively waived” any claim of alleged error by the trial court in giving the jury instruction). 4. 2022See Woodard v. State, 296 Ga. 803, 809 (3) (a) (771 SE2d 362) (2015) (holding that, where the defendant did not object to a jury instruction and indeed requested that the trial court give the instruction in question, the defendant “affirmatively waived” any claim of alleged error by the trial court in giving the jury instruction). 4.	1	1
State v. Kellygreen ga · 2011 · cited in 1 Georgia opinions naming this issue, 2020–2020 2 sentences 2020See State v. Kelly, 290 Ga. 29, 32 (1) ( 718 SE2d 232 ) (2011). 2020See State v. Kelly, 290 Ga. 29, 32 (1) ( 718 SE2d 232 ) (2011).	1	1
Sharpe v. Stategreen ga · 2000 · cited in 1 Georgia opinions naming this issue, 2016–2016 2 sentences 2016See Kinder v. State, 284 Ga. 148, 150 (2) ( 663 SE2d 711 ) (2008); Sharpe v. State, 272 Ga. 684, 688 (5) ( 531 SE2d 84 ) (2000). 2016See Kinder v. State, 284 Ga. 148, 150 (2) ( 663 SE2d 711 ) (2008); Sharpe v. State, 272 Ga. 684, 688 (5) ( 531 SE2d 84 ) (2000).	1	1
Kinder v. Stategreen ga · 2008 · cited in 1 Georgia opinions naming this issue, 2016–2016 2 sentences 2016See Kinder v. State, 284 Ga. 148, 150 (2) ( 663 SE2d 711 ) (2008); Sharpe v. State, 272 Ga. 684, 688 (5) ( 531 SE2d 84 ) (2000). 2016See Kinder v. State, 284 Ga. 148, 150 (2) ( 663 SE2d 711 ) (2008); Sharpe v. State, 272 Ga. 684, 688 (5) ( 531 SE2d 84 ) (2000).	1	1
Hardwick v. Pricegreen gactapp · 1966 · cited in 1 Georgia opinions naming this issue, 1987–1987 2 sentences 1987The trial court charged on aggravating circumstances and on how driving under the influence might be a factor as follows: "Should you find from the evidence that the defendant was operating a motor vehicle under the influence of alcohol, and that his so driving contributed to the plaintiff's injuries, then I charge you that any evidence of his driving under the influence of alcohol may be considered by the jury along with all of the other evidence in this case." Since at least Hardwick v. Price, 114 Ga. App. 817, 821 (3) ( 152 SE2d 905 ) (1966), this Court and our Supreme Court have consistent 1987The trial court charged on aggravating circumstances and on how driving under the influence might be a factor as follows: "Should you find from the evidence that the defendant was operating a motor vehicle under the influence of alcohol, and that his so driving contributed to the plaintiff's injuries, then I charge you that any evidence of his driving under the influence of alcohol may be considered by the jury along with all of the other evidence in this case." Since at least Hardwick v. Price, 114 Ga. App. 817, 821 (3) ( 152 SE2d 905 ) (1966), this Court and our Supreme Court have consistent	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 (13)

Case	Cited	Years
Carroll v. Hayes green gactapp · 1958 2 sentences 1987Carroll v. Hayes, 98 Ga. App. 450 (2) ( 105 SE2d 755 ) (1958). 1987Carroll v. Hayes, 98 Ga. App. 450 (2) ( 105 SE2d 755 ) (1958).	1	1987–1987
Woodley v. Coker neutral ga · 1905 2 sentences 1932You must be satisfied of the truth of both those propositions before you would be authorized to write a verdict in favor of the plaintiff against the defendant.” In the case of Woodley v. Coker, 122 Ga. 832 ( 50 S. E. 936 ), it was held by this court: “The refusal to give the charges set forth in the motion for new trial was not error, they being covered, in so far as they are pertinent . . , by the general charge.” In Roach v. Terry, 164 Ga. 421 ( 138 S. E. 902 ), it was said: “The refusal of the court to give the instruction requested by the defendants, and set out in the fourth ground of th 1932You must be satisfied of the truth of both those propositions before you would be authorized to write a verdict in favor of the plaintiff against the defendant.” In the case of Woodley v. Coker, 122 Ga. 832 ( 50 S. E. 936 ), it was held by this court: “The refusal to give the charges set forth in the motion for new trial was not error, they being covered, in so far as they are pertinent . . , by the general charge.” In Roach v. Terry, 164 Ga. 421 ( 138 S. E. 902 ), it was said: “The refusal of the court to give the instruction requested by the defendants, and set out in the fourth ground of th	1	1932–1932
Roach v. Terry green ga · 1927 2 sentences 1932You must be satisfied of the truth of both those propositions before you would be authorized to write a verdict in favor of the plaintiff against the defendant.” In the case of Woodley v. Coker, 122 Ga. 832 ( 50 S. E. 936 ), it was held by this court: “The refusal to give the charges set forth in the motion for new trial was not error, they being covered, in so far as they are pertinent . . , by the general charge.” In Roach v. Terry, 164 Ga. 421 ( 138 S. E. 902 ), it was said: “The refusal of the court to give the instruction requested by the defendants, and set out in the fourth ground of th 1932You must be satisfied of the truth of both those propositions before you would be authorized to write a verdict in favor of the plaintiff against the defendant.” In the case of Woodley v. Coker, 122 Ga. 832 ( 50 S. E. 936 ), it was held by this court: “The refusal to give the charges set forth in the motion for new trial was not error, they being covered, in so far as they are pertinent . . , by the general charge.” In Roach v. Terry, 164 Ga. 421 ( 138 S. E. 902 ), it was said: “The refusal of the court to give the instruction requested by the defendants, and set out in the fourth ground of th	1	1932–1932
McKie v. State green ga · 1927 2 sentences 1932You must be satisfied of the truth of both those propositions before you would be authorized to write a verdict in favor of the plaintiff against the defendant.” In the case of Woodley v. Coker, 122 Ga. 832 ( 50 S. E. 936 ), it was held by this court: “The refusal to give the charges set forth in the motion for new trial was not error, they being covered, in so far as they are pertinent . . , by the general charge.” In Roach v. Terry, 164 Ga. 421 ( 138 S. E. 902 ), it was said: “The refusal of the court to give the instruction requested by the defendants, and set out in the fourth ground of th 1932You must be satisfied of the truth of both those propositions before you would be authorized to write a verdict in favor of the plaintiff against the defendant.” In the case of Woodley v. Coker, 122 Ga. 832 ( 50 S. E. 936 ), it was held by this court: “The refusal to give the charges set forth in the motion for new trial was not error, they being covered, in so far as they are pertinent . . , by the general charge.” In Roach v. Terry, 164 Ga. 421 ( 138 S. E. 902 ), it was said: “The refusal of the court to give the instruction requested by the defendants, and set out in the fourth ground of th	1	1932–1932
Hunt v. State green ga · 1888 1 sentence 1930See, in this connection, Morgan v. State, supra, 444, 445 ; Saffold v. State, 11 Ga. App. 329 (4) ( 75 S. E. 338 ); Hunt v. State, 81 Ga. 140 (6) ( 7 S. E. 142 ). 3.	1	1930–1930
Duggan v. State green ga · 1905 1 sentence 1930In Morgan v. State, 124 Ga. 442 ( 52 S. E. 748 ), the first headnote is as follows: "The absence of a witness who is competent and cognizant of material and relevant facts is a proper subject of comment in the argument of counsel before the jury; and it is error for the court to give an instruction -which entirely eliminates from the jury’s deliberation the effect of such argument.” This statement of the law, we think, completely covers the issue.	1	1930–1930
Morgan v. State green ga · 1905 1 sentence 1930In Morgan v. State, 124 Ga. 442 ( 52 S. E. 748 ), the first headnote is as follows: "The absence of a witness who is competent and cognizant of material and relevant facts is a proper subject of comment in the argument of counsel before the jury; and it is error for the court to give an instruction -which entirely eliminates from the jury’s deliberation the effect of such argument.” This statement of the law, we think, completely covers the issue.	1	1930–1930
Saffold v. State green · 1912 2 sentences 1930See, in this connection, Morgan v. State, supra, 444, 445 ; Saffold v. State, 11 Ga. App. 329 (4) ( 75 S. E. 338 ); Hunt v. State, 81 Ga. 140 (6) ( 7 S. E. 142 ). 3. 1930See, in this connection, Morgan v. State, supra, 444, 445 ; Saffold v. State, 11 Ga. App. 329 (4) ( 75 S. E. 338 ); Hunt v. State, 81 Ga. 140 (6) ( 7 S. E. 142 ). 3.	1	1930–1930
Rantley v. State neutral ga · 1922 1 sentence 1926Brantley v. State, 154 Ga. 80 (3) ( 113 S. E. 200 ).	1	1926–1926
Wall v. Central of Georgia Railway Co. green ga · 1912 1 sentence 1913Washington v. State, 138 Ga. 370 ( 75 S. E. 253 ).	1	1913–1913
Washington v. State neutral ga · 1912 1 sentence 1913Washington v. State, 138 Ga. 370 ( 75 S. E. 253 ).	1	1913–1913
Hill v. Callahan green · 1889 2 sentences 1911In Hill v. Callahan, 82 Ga. 109 ( 8 S. E. 730 ), which was a case between servant and master to recover damages for injuries sustained ■ by the servant, the court said it was the better practice for the court to instruct the jury upon contributory negligence as tending to lessen the damages, though a verdict would not be set aside for failure to give this principle in charge, when the plaintiff sought to recover the full damage, and made no request to the court to give the principle in charge to the jury. 1911In Hill v. Callahan, 82 Ga. 109 ( 8 S. E. 730 ), which was a case between servant and master to recover damages for injuries sustained ■ by the servant, the court said it was the better practice for the court to instruct the jury upon contributory negligence as tending to lessen the damages, though a verdict would not be set aside for failure to give this principle in charge, when the plaintiff sought to recover the full damage, and made no request to the court to give the principle in charge to the jury.	1	1911–1911
Central Railroad v. Hubbard green ga · 1891 1 sentence 1893In Central Railroad v. Hubbard, 86 Ga. 623 , it was held: “ Whether or not the presumption of negligence which section 3033 of the code provides shall in all cases be against a railroad company has been removed, is a question of fact for the jury, and not one of law to be determined by the court.” In that case counsel for the railroad company asked the court to charge, in effect, that when all the fads of the transaction appear in evidence, no presumption arises against the company at all; and in passing upon the refusal of the court to give this instruction, the words above quoted were used.	1	1893–1893

Where else courts name it

CA 86 (1892–2026) MO 55 (1886–2017) IL 35 (1873–2023) KS 24 (1882–2022) WA 24 (1900–2023) IN 24 (1856–2005) OK 24 (1894–1997) KY 23 (1914–1987) NC 22 (1887–2014) NE 20 (1893–2019) AR 20 (1906–1983) TX 18 (1899–2019) FL 17 (1898–1999) MI 16 (1924–2018) NY 16 (1904–2024) NJ 15 (1975–2022) GA 11 (1893–2022) OR 11 (1874–2026) CO 11 (1909–2021) IA 11 (1877–2016) MS 11 (1913–2014) VA 10 (1901–2012) OH 10 (1936–2017) WY 9 (1937–2016) AZ 9 (1956–2021) PA 8 (1947–2015) NM 8 (1938–1998) ID 8 (1911–2020) WV 8 (1896–2015) WI 7 (1883–1995) CT 7 (2007–2021) MT 6 (1900–1923) ME 6 (1995–2023) TN 5 (1960–2017) UT 5 (1905–2026) MD 5 (1946–2016) AL 5 (1963–1994) SD 4 (1894–1985) HI 4 (1918–2024) MN 4 (1921–2015) DC 3 (1988–1999) SC 2 (1907–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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