11 Georgia opinions name it 2 courts 1936–2023 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.
| Case | Followed | Cited |
|---|---|---|
City of Peachtree City v. Shavergreen2 sentences2019See City of Peachtree City v. Shaver , 276 Ga. 298 , 301, 578 S.E.2d 409 (2003) ("A defendant is entitled to a charging instrument that is perfect in form as well as substance, and the proper method to challenge the form of such instrument is a special demurrer." (citation omitted)); see also Kimbrough , 300 Ga. at 880-881 , 799 S.E.2d 229 ("By filing a special demurrer, the accused claims not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as would be asserted by general demurrer), but rather that the charge is imperfect as to form or that the a 2019See City of Peachtree City v. Shaver , 276 Ga. 298 , 301, 578 S.E.2d 409 (2003) ("A defendant is entitled to a charging instrument that is perfect in form as well as substance, and the proper method to challenge the form of such instrument is a special demurrer." (citation omitted)); see also Kimbrough , 300 Ga. at 880-881 , 799 S.E.2d 229 ("By filing a special demurrer, the accused claims not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as would be asserted by general demurrer), but rather that the charge is imperfect as to form or that the a | 2 | 2 |
Kimbrough v. Stategreen2 sentences2019See City of Peachtree City v. Shaver , 276 Ga. 298 , 301, 578 S.E.2d 409 (2003) ("A defendant is entitled to a charging instrument that is perfect in form as well as substance, and the proper method to challenge the form of such instrument is a special demurrer." (citation omitted)); see also Kimbrough , 300 Ga. at 880-881 , 799 S.E.2d 229 ("By filing a special demurrer, the accused claims not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as would be asserted by general demurrer), but rather that the charge is imperfect as to form or that the a 2019See City of Peachtree City v. Shaver , 276 Ga. 298 , 301, 578 S.E.2d 409 (2003) ("A defendant is entitled to a charging instrument that is perfect in form as well as substance, and the proper method to challenge the form of such instrument is a special demurrer." (citation omitted)); see also Kimbrough , 300 Ga. at 880-881 , 799 S.E.2d 229 ("By filing a special demurrer, the accused claims not that the charge in an indictment is fatally defective and incapable of supporting a conviction (as would be asserted by general demurrer), but rather that the charge is imperfect as to form or that the a | 2 | 2 |
McDonough v. Bacongreen2 sentences2023See McDonough v. Bacon, 143 Ga. 283 -284 ( 84 SE 588 ) (1915) (“Since the remedy by quo warranto . . . is employed only to test the actual right to an office or franchise, it follows that it can afford no relief for official misconduct, and can not be used to test the legality of the official action of public . . . officers.”) (citation and punctuation omitted). 2023See McDonough v. Bacon, 143 Ga. 283 -284 ( 84 SE 588 ) (1915) (“Since the remedy by quo warranto . . . is employed only to test the actual right to an office or franchise, it follows that it can afford no relief for official misconduct, and can not be used to test the legality of the official action of public . . . officers.”) (citation and punctuation omitted). | 1 | 1 |
State v. Cohengreen2 sentences2019We therefore review the trial court’s order based on the understanding that the indictment was dismissed based on a general demurrer, and we conduct that review “de novo in order to determine whether the allegations in the indictment are legally sufficient.” State v. Cohen, 302 Ga. 616, 618 ( 807 SE2d 861 ) (2017) (citation and punctuation omitted). 2019We therefore review the trial court’s order based on the understanding that the indictment was dismissed based on a general demurrer, and we conduct that review “de novo in order to determine whether the allegations in the indictment are legally sufficient.” State v. Cohen, 302 Ga. 616, 618 ( 807 SE2d 861 ) (2017) (citation and punctuation omitted). | 1 | 1 |
Coleman v. Stategreen2 sentences2015A claim that a charging instrument fails to charge the defendant with any offense under Georgia law can be *452 raised in a general demurrer 3 or a motion in arrest of judgment. 4 Coleman v. State, 318 Ga. App. 478, 479 (1) ( 735 SE2d 788 ) (2012). 2015A claim that a charging instrument fails to charge the defendant with any offense under Georgia law can be *452 raised in a general demurrer 3 or a motion in arrest of judgment. 4 Coleman v. State, 318 Ga. App. 478, 479 (1) ( 735 SE2d 788 ) (2012). | 1 | 1 |
Dennard v. Stategreen2 sentences2003State v. Eubanks, 239 Ga. 483, 485 ( 238 SE2d 38 ) (1977); Dennard v. State, 243 Ga. App. 868, 877 (2) ( 534 SE2d 182 ) (2000). 2003State v. Eubanks, 239 Ga. 483, 485 ( 238 SE2d 38 ) (1977); Dennard v. State, 243 Ga. App. 868, 877 (2) ( 534 SE2d 182 ) (2000). | 1 | 1 |
State v. Eubanksgreen2 sentences2003State v. Eubanks, 239 Ga. 483, 485 ( 238 SE2d 38 ) (1977); Dennard v. State, 243 Ga. App. 868, 877 (2) ( 534 SE2d 182 ) (2000). 2003State v. Eubanks, 239 Ga. 483, 485 ( 238 SE2d 38 ) (1977); Dennard v. State, 243 Ga. App. 868, 877 (2) ( 534 SE2d 182 ) (2000). | 1 | 1 |
Rothfuss v. Stategreen2 sentences1983This court recently held in Rothfuss v. State, 160 Ga. App. 863, 865 ( 288 SE2d 579 ) (1982), that “ [t]he sworn information placed before the justice of the peace adequately established the informant’s credibility by identifying him as a known law-abiding citizen, a respected businessman in the community, and one who, in the past, had demonstrated a truthful demeanor.” Although it may be somewhat less rigidly applied in determining the reliability of a citizen informant where the affiant peace officer seeks to obtain a search warrant based upon the hearsay information provided by the citizen, 1983This court recently held in Rothfuss v. State, 160 Ga. App. 863, 865 ( 288 SE2d 579 ) (1982), that “ [t]he sworn information placed before the justice of the peace adequately established the informant’s credibility by identifying him as a known law-abiding citizen, a respected businessman in the community, and one who, in the past, had demonstrated a truthful demeanor.” Although it may be somewhat less rigidly applied in determining the reliability of a citizen informant where the affiant peace officer seeks to obtain a search warrant based upon the hearsay information provided by the citizen, | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Zilinmon v. State
green
2 sentences1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. 1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. | 1 | 1978–1978 |
Burke v. State
green
2 sentences1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. 1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. | 1 | 1978–1978 |
Pryor v. State
green
2 sentences1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. 1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. | 1 | 1978–1978 |
Williams v. State
green
2 sentences1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. 1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. | 1 | 1978–1978 |
Allen v. State
green
2 sentences1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. 1978In making this determination, Estevez , and a line of cases following it ( Allen v. State, 233 Ga. 200 (3) ( 210 SE2d 680 ) (1974); Burke v. State, 234 Ga. 512 (2) ( 216 SE2d 812 ) (1975); Zilinmon v. State, 234 Ga. 535 (8) ( 216 SE2d 830 ) (1975); Williams v. State, 238 Ga. 244 (7) ( 232 SE2d 238 ) (1977); Pryor v. State, 238 Ga. 698 (1) ( 234 SE2d 918 ) (1977)), look to the actual evidence introduced at trial. | 1 | 1978–1978 |
Georgia Power Co. v. Georgia Public Service Commission
green
2 sentences1976Basically appellants' case is bottomed on one sentence from Ga. Power Co. v. Ga. Public Service Comm., 231 Ga. 339 ( 201 SE2d 423 ) (1973): "We think that effective judicial review requires the commission to provide clear findings by a well-defined method or standard in reaching its conclusion as to what is a just and *551 reasonable utility rate." 231 Ga. p. 342. 1976Basically appellants' case is bottomed on one sentence from Ga. Power Co. v. Ga. Public Service Comm., 231 Ga. 339 ( 201 SE2d 423 ) (1973): "We think that effective judicial review requires the commission to provide clear findings by a well-defined method or standard in reaching its conclusion as to what is a just and *551 reasonable utility rate." 231 Ga. p. 342. | 1 | 1976–1976 |
Sloan v. State
green
2 sentences1974Bacon v. State, 209 Ga. 261 ( 71 SE2d 615 ); Howard v. State, 211 Ga. 186 ( 84 SE2d 455 ); Sloan v. State, 115 Ga. App. 852 ( 156 SE2d 177 ). 1974Bacon v. State, 209 Ga. 261 ( 71 SE2d 615 ); Howard v. State, 211 Ga. 186 ( 84 SE2d 455 ); Sloan v. State, 115 Ga. App. 852 ( 156 SE2d 177 ). | 1 | 1974–1974 |
Bacon v. State
green
2 sentences1974Bacon v. State, 209 Ga. 261 ( 71 SE2d 615 ); Howard v. State, 211 Ga. 186 ( 84 SE2d 455 ); Sloan v. State, 115 Ga. App. 852 ( 156 SE2d 177 ). 1974Bacon v. State, 209 Ga. 261 ( 71 SE2d 615 ); Howard v. State, 211 Ga. 186 ( 84 SE2d 455 ); Sloan v. State, 115 Ga. App. 852 ( 156 SE2d 177 ). | 1 | 1974–1974 |
Howard v. State
neutral
2 sentences1974Bacon v. State, 209 Ga. 261 ( 71 SE2d 615 ); Howard v. State, 211 Ga. 186 ( 84 SE2d 455 ); Sloan v. State, 115 Ga. App. 852 ( 156 SE2d 177 ). 1974Bacon v. State, 209 Ga. 261 ( 71 SE2d 615 ); Howard v. State, 211 Ga. 186 ( 84 SE2d 455 ); Sloan v. State, 115 Ga. App. 852 ( 156 SE2d 177 ). | 1 | 1974–1974 |
Richardson v. John Hancock Mutual Life Insurance
neutral
2 sentences1949Co., 167 Ga. 340 ( 145 S. E. 448 ), it was held that, where the question of the value of property is involved, it is error to permit a witness to testify what he would have been willing to pay for the property. (a) Under the foregoing principles, it was error for the trial court in the instant case to admit the testimony of the witnesses, set out in the 5th ground of the amended motion for a new trial, as to the price which the owner of the land in question had offered to take for it at some time prior to his death, over the objection then and there urged, “what the deceased offered at some ti 1949Co., 167 Ga. 340 ( 145 S. E. 448 ), it was held that, where the question of the value of property is involved, it is error to permit a witness to testify what he would have been willing to pay for the property. (a) Under the foregoing principles, it was error for the trial court in the instant case to admit the testimony of the witnesses, set out in the 5th ground of the amended motion for a new trial, as to the price which the owner of the land in question had offered to take for it at some time prior to his death, over the objection then and there urged, “what the deceased offered at some ti | 1 | 1949–1949 |
Sullivan v. Padrosa
green
2 sentences1936Sullivan v. Padrosa, 122 Ga. 338 ( 50 S. E. 142 ). 1936Sullivan v. Padrosa, 122 Ga. 338 ( 50 S. E. 142 ). | 1 | 1936–1936 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.