has recognized exception (Georgia) · Go Syfert
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has recognized exception in Georgia

11 Georgia opinions name it 2 courts 1883–2015 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 (11)

CaseFollowedCited
Howard v. Stategreen
gactapp · 2006 · cited in 2 Georgia opinions naming this issue, 2011–2011
2 sentences

2011(Citation and footnote omitted.) Howard v. State, 281 Ga. App. 797 , *858 798 (1) ( 637 SE2d 448 ) (2006). [I]f an indictment [or accusation] alleges that a crime occurred between two particular dates, and if evidence presented to the trial court shows that the State can reasonably narrow the range of dates during which the crime is alleged to have occurred, the indictment [or accusation] is subject to a special demurrer.

2011(Citation and footnote omitted.) Howard v. State, 281 Ga. App. 797 , *858 798 (1) ( 637 SE2d 448 ) (2006). [I]f an indictment [or accusation] alleges that a crime occurred between two particular dates, and if evidence presented to the trial court shows that the State can reasonably narrow the range of dates during which the crime is alleged to have occurred, the indictment [or accusation] is subject to a special demurrer.

12
Patterson v. Stategreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015However, this exception is not applicable in this case because the [Sjtate never presented any evidence before the trial court showing that it cannot more specifically identify the dates of the offenses.”) (footnotes omitted). 270 Ga. App. 796, 798-799 (1) ( 608 SE2d 289 ) (2004) (addressing sufficiency of the evidence and holding that a series of thefts may be charged in one cumulative felony count). 288 Ga. App. 546, 548-549 (2) ( 654 SE2d 452 ) (2007). 289 Ga. App. 663, 663-668 (1) ( 658 SE2d 210 ) (2008) (addressing sufficiency of the evidence to prove theft charges), abrogated on other gr

2015However, this exception is not applicable in this case because the [Sjtate never presented any evidence before the trial court showing that it cannot more specifically identify the dates of the offenses.”) (footnotes omitted). 270 Ga. App. 796, 798-799 (1) ( 608 SE2d 289 ) (2004) (addressing sufficiency of the evidence and holding that a series of thefts may be charged in one cumulative felony count). 288 Ga. App. 546, 548-549 (2) ( 654 SE2d 452 ) (2007). 289 Ga. App. 663, 663-668 (1) ( 658 SE2d 210 ) (2008) (addressing sufficiency of the evidence to prove theft charges), abrogated on other gr

11
Stack-Thorpe v. Stategreen
gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015However, this exception is not applicable in this case because the [Sjtate never presented any evidence before the trial court showing that it cannot more specifically identify the dates of the offenses.”) (footnotes omitted). 270 Ga. App. 796, 798-799 (1) ( 608 SE2d 289 ) (2004) (addressing sufficiency of the evidence and holding that a series of thefts may be charged in one cumulative felony count). 288 Ga. App. 546, 548-549 (2) ( 654 SE2d 452 ) (2007). 289 Ga. App. 663, 663-668 (1) ( 658 SE2d 210 ) (2008) (addressing sufficiency of the evidence to prove theft charges), abrogated on other gr

2015However, this exception is not applicable in this case because the [Sjtate never presented any evidence before the trial court showing that it cannot more specifically identify the dates of the offenses.”) (footnotes omitted). 270 Ga. App. 796, 798-799 (1) ( 608 SE2d 289 ) (2004) (addressing sufficiency of the evidence and holding that a series of thefts may be charged in one cumulative felony count). 288 Ga. App. 546, 548-549 (2) ( 654 SE2d 452 ) (2007). 289 Ga. App. 663, 663-668 (1) ( 658 SE2d 210 ) (2008) (addressing sufficiency of the evidence to prove theft charges), abrogated on other gr

11
Christian v. Stategreen
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015However, this exception is not applicable in this case because the [Sjtate never presented any evidence before the trial court showing that it cannot more specifically identify the dates of the offenses.”) (footnotes omitted). 270 Ga. App. 796, 798-799 (1) ( 608 SE2d 289 ) (2004) (addressing sufficiency of the evidence and holding that a series of thefts may be charged in one cumulative felony count). 288 Ga. App. 546, 548-549 (2) ( 654 SE2d 452 ) (2007). 289 Ga. App. 663, 663-668 (1) ( 658 SE2d 210 ) (2008) (addressing sufficiency of the evidence to prove theft charges), abrogated on other gr

2015However, this exception is not applicable in this case because the [Sjtate never presented any evidence before the trial court showing that it cannot more specifically identify the dates of the offenses.”) (footnotes omitted). 270 Ga. App. 796, 798-799 (1) ( 608 SE2d 289 ) (2004) (addressing sufficiency of the evidence and holding that a series of thefts may be charged in one cumulative felony count). 288 Ga. App. 546, 548-549 (2) ( 654 SE2d 452 ) (2007). 289 Ga. App. 663, 663-668 (1) ( 658 SE2d 210 ) (2008) (addressing sufficiency of the evidence to prove theft charges), abrogated on other gr

11
Stephens v. Stategreen
ga · 2011 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015However, this exception is not applicable in this case because the [Sjtate never presented any evidence before the trial court showing that it cannot more specifically identify the dates of the offenses.”) (footnotes omitted). 270 Ga. App. 796, 798-799 (1) ( 608 SE2d 289 ) (2004) (addressing sufficiency of the evidence and holding that a series of thefts may be charged in one cumulative felony count). 288 Ga. App. 546, 548-549 (2) ( 654 SE2d 452 ) (2007). 289 Ga. App. 663, 663-668 (1) ( 658 SE2d 210 ) (2008) (addressing sufficiency of the evidence to prove theft charges), abrogated on other gr

2015However, this exception is not applicable in this case because the [Sjtate never presented any evidence before the trial court showing that it cannot more specifically identify the dates of the offenses.”) (footnotes omitted). 270 Ga. App. 796, 798-799 (1) ( 608 SE2d 289 ) (2004) (addressing sufficiency of the evidence and holding that a series of thefts may be charged in one cumulative felony count). 288 Ga. App. 546, 548-549 (2) ( 654 SE2d 452 ) (2007). 289 Ga. App. 663, 663-668 (1) ( 658 SE2d 210 ) (2008) (addressing sufficiency of the evidence to prove theft charges), abrogated on other gr

11
State v. Laymangreen
ga · 2005 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011“Generally, an indictment which fails to allege a specific date on which the crime was committed is not perfect in form and is subject to a timely special demurrer.” (Citations, punctuation and footnote omitted.) State v. Layman, 279 Ga. 340, 340-341 ( 613 SE2d 639 ) (2005); see OCGA § 17-7-54 (a) (indictment should state with sufficient certainty the time and place of committing offense). *240 Although this Court has recognized an exception to this rule where the evidence does not permit the State to identify a single date on which the offense occurred, the exception does not apply unless the

2011“Generally, an indictment which fails to allege a specific date on which the crime was committed is not perfect in form and is subject to a timely special demurrer.” (Citations, punctuation and footnote omitted.) State v. Layman, 279 Ga. 340, 340-341 ( 613 SE2d 639 ) (2005); see OCGA § 17-7-54 (a) (indictment should state with sufficient certainty the time and place of committing offense). *240 Although this Court has recognized an exception to this rule where the evidence does not permit the State to identify a single date on which the offense occurred, the exception does not apply unless the

11
Gorman v. Gormangreen
ga · 1977 · cited in 1 Georgia opinions naming this issue, 1980–1980
2 sentences

1980This is not surprising because "`Proceedings for a divorce and for alimony have always, under the practice in this state, been regarded as equitable.'" Gorman v. Gorman, 239 Ga. 312 , 314 *772 ( 236 SE2d 652 ) (1977), and cases cited.

1980This is not surprising because "`Proceedings for a divorce and for alimony have always, under the practice in this state, been regarded as equitable.'" Gorman v. Gorman, 239 Ga. 312 , 314 *772 ( 236 SE2d 652 ) (1977), and cases cited.

11
Byars v. United Statesgreen
scotus · 1927 · cited in 1 Georgia opinions naming this issue, 1977–1977
1 sentence

1977See Byars v. United States, 273 U. S. 28 (47 SC 248, 71 LE 520).

11
Gasaway v. Stategreen
gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1977–1977
2 sentences

1977Moreover, this court has recognized the rule that "The Fourth Amendment cannot be evaded by the use of a private person to do what an officer cannot do.” Gasaway v. State, 137 Ga. App. 653, 656 ( 224 SE2d 772 ).

1977Moreover, this court has recognized the rule that "The Fourth Amendment cannot be evaded by the use of a private person to do what an officer cannot do.” Gasaway v. State, 137 Ga. App. 653, 656 ( 224 SE2d 772 ).

11
Rieves v. Smithgreen
ga · 1937 · cited in 1 Georgia opinions naming this issue, 1965–1965
2 sentences

1965This court has recognized an exception to the preceding general rule in Rieves v. Smith, 184 Ga. 657, 664 ( 192 SE 372 , 112 ALR 368 ) in which the court states: “While ‘the general rule is that estoppel, to be relied on must be pleaded,’ . . . yet there are well-recognized exceptions to this general rule.

1965This court has recognized an exception to the preceding general rule in Rieves v. Smith, 184 Ga. 657, 664 ( 192 SE 372 , 112 ALR 368 ) in which the court states: “While ‘the general rule is that estoppel, to be relied on must be pleaded,’ . . . yet there are well-recognized exceptions to this general rule.

11
Dobbins v. Portergreen
ga · 1868 · cited in 1 Georgia opinions naming this issue, 1883–1883
1 sentence

1883But it is useless to press argument on the point, as this court has recognized the principle. 38 Ga., 167, 170, 171 .

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 (5)

CaseCitedYears
Conaway v. McCrory Stores Corp. green
gactapp · 1950
2 sentences

1964In Conaway v. McCrory Stores Corp., 82 Ga. App. 97 ( 60 SE2d 631 ) it was alleged that it had been raining from 9 a. m. until 12:30 p. m., when plaintiff slipped and fell on the floor at the entrance of defendant's store and that the slippery condition of the floor was caused by rain water and dirt brought in from the street by customers of the store.

1964In Conaway v. McCrory Stores Corp., 82 Ga. App. 97 ( 60 SE2d 631 ) it was alleged that it had been raining from 9 a. m. until 12:30 p. m., when plaintiff slipped and fell on the floor at the entrance of defendant's store and that the slippery condition of the floor was caused by rain water and dirt brought in from the street by customers of the store.

11964–1964
Bass v. Lawrence green
ga · 1905
2 sentences

1924Bass v. Lawrence, 124 Ga. 75 (3) ( 52 S. E. 296 ); Hawkins v. State, 146 Ga. 134 (2) ( 90 S. E. 968 ).

1924Bass v. Lawrence, 124 Ga. 75 (3) ( 52 S. E. 296 ); Hawkins v. State, 146 Ga. 134 (2) ( 90 S. E. 968 ).

11924–1924
Hawkins v. State neutral
ga · 1916
2 sentences

1924Bass v. Lawrence, 124 Ga. 75 (3) ( 52 S. E. 296 ); Hawkins v. State, 146 Ga. 134 (2) ( 90 S. E. 968 ).

1924Bass v. Lawrence, 124 Ga. 75 (3) ( 52 S. E. 296 ); Hawkins v. State, 146 Ga. 134 (2) ( 90 S. E. 968 ).

11924–1924
Green v. Bethea neutral
ga · 1860
1 sentence

1903This court has recognized this principle in Green v. Bethea, 30 Ga. 896 , where it was held: “Where the owner of land through which a road passes has permitted it to be used for that purpose, he keeping a gate at each end to protect his plantation, the public have only acquired a restrictive prescriptive right; and- to that extent, and with that qualification, are entitled to enjoy it.” In reference to the length of time in which a road must be used by the public as a highway in order to establish a prescriptive right to it as such, most of the courts hold that it must be used for a period of

11903–1903
Equitable Life Assurance Society v. Paterson green
· 1870
1 sentence

1899Wé think also that this court has recognized the doctrine for which we are contending, in the case of Equitable Life Assurance Society v. Paterson, 41 Ga. 338 , where McCay, J., declared that the law which prohibits the insurance of a life by another who has no interest in the continuance of that life is founded on a sound public policy, and that it was intended to prevent gaming policies and to avoid that inducement to crime which would exist if it were permitted.

11899–1899

Where else courts name it

AL 39 (1909–2024) MS 33 (1912–2019) LA 31 (1938–2020) KS 26 (1888–2012) MT 22 (1905–2023) MD 22 (1960–2025) IL 21 (1907–2016) WY 21 (1943–2026) MI 20 (1898–2022) SC 19 (1906–2021) PA 17 (1966–2026) TX 15 (1952–2016) CA 15 (1887–2016) AR 15 (1924–2021) NC 14 (1914–2021) ID 14 (1910–2018) OH 14 (1964–2026) IN 14 (1879–2016) WA 13 (1912–2020) NE 12 (1896–2005) CT 11 (1905–2022) OK 11 (1928–2022) FL 11 (1903–2003) GA 11 (1883–2015) OR 10 (1937–2021) TN 10 (1921–2024) RI 9 (1983–2011) UT 8 (1932–2019) HI 8 (1926–2025) IA 8 (1887–2022) KY 8 (1916–2017) WI 8 (1888–1981) SD 8 (1915–2013) ND 8 (1924–2021) NV 7 (1952–2019) VT 7 (1930–2022) VA 6 (1961–2023) MN 6 (1898–2015) MO 5 (2010–2025) MA 5 (1891–2018) DE 4 (1965–2023) DC 4 (1981–2012) NY 4 (1986–2009) NJ 4 (1988–2015) NM 3 (1962–2021) WV 3 (1948–1987) NH 2 (1985–1988) AZ 2 (1944–2022) CO 2 (1996–2014) ME 2 (1932–1984)

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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