motion is enumerated error (Georgia) · Go Syfert
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motion is enumerated error in Georgia

10 Georgia opinions name it 1 courts 1968–1999 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 (8)

CaseFollowedCited
Cofield v. Stategreen
ga · 1981 · cited in 1 Georgia opinions naming this issue, 1999–1999
2 sentences

1999As repeatedly held, however, the general rule in this state is that a motion for mistrial based on the length of the jury’s deliberation is within the sound discretion of the trial court. [Cits.] Cofield v. State, 247 Ga. 98, 113 ( 274 SE2d 530 ) (1981).

1999As repeatedly held, however, the general rule in this state is that a motion for mistrial based on the length of the jury’s deliberation is within the sound discretion of the trial court. [Cits.] Cofield v. State, 247 Ga. 98, 113 ( 274 SE2d 530 ) (1981).

11
Timmons v. Stategreen
gactapp · 1987 · cited in 1 Georgia opinions naming this issue, 1993–1993
2 sentences

1993“The statutory rape statute provides no conviction shall be had for this offense on the unsupported testimony of the child (OCGA § 16-6-3 (a)), but it is well settled that it is not necessary that the child be corroborated as to every essential element of the crime, or that it establish the defendant’s guilt, but only that the corroborating evidence tend to establish his guilt and be of ‘ “such a character and quality as tends to prove the guilt of the accused by connecting him with the crime.” ’ [Cit.]” (Emphasis in original.) Timmons v. State, 182 Ga. App. 556, 557 ( 356 SE2d 523 ) (1987).

1993“The statutory rape statute provides no conviction shall be had for this offense on the unsupported testimony of the child (OCGA § 16-6-3 (a)), but it is well settled that it is not necessary that the child be corroborated as to every essential element of the crime, or that it establish the defendant’s guilt, but only that the corroborating evidence tend to establish his guilt and be of ‘ “such a character and quality as tends to prove the guilt of the accused by connecting him with the crime.” ’ [Cit.]” (Emphasis in original.) Timmons v. State, 182 Ga. App. 556, 557 ( 356 SE2d 523 ) (1987).

11
Amason v. Whiteheadgreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 1991–1991
2 sentences

1991The denial of this motion is enumerated as error. “ ‘While upon equitable principles the legal entity of a corporation may be disregarded,’ [cit.], great caution should be exercised by the court in doing so. [Cit.]” Amason v. Whitehead, 186 Ga. App. 320, 321 ( 367 SE2d 107 ) (1988).

1991The denial of this motion is enumerated as error. “ ‘While upon equitable principles the legal entity of a corporation may be disregarded,’ [cit.], great caution should be exercised by the court in doing so. [Cit.]” Amason v. Whitehead, 186 Ga. App. 320, 321 ( 367 SE2d 107 ) (1988).

11
Johnson v. Stategreen
gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 1989–1989
2 sentences

1989From the officer’s testimony, however, *11 a jury could have found that he was placed in reasonable apprehension of immediately receiving a violent injury “unless he retreat[ed] to secure his safety.” Johnson v. State, 158 Ga. App. 432, 433 ( 280 SE2d 856 ) (1981).

1989From the officer’s testimony, however, *11 a jury could have found that he was placed in reasonable apprehension of immediately receiving a violent injury “unless he retreat[ed] to secure his safety.” Johnson v. State, 158 Ga. App. 432, 433 ( 280 SE2d 856 ) (1981).

11
Potts v. Stategreen
ga · 1978 · cited in 1 Georgia opinions naming this issue, 1988–1988
2 sentences

1988“The ‘(d)efendant . . . has the burden of showing that the evidence withheld from him so impaired his defense that he was denied a fair trial within the meaning of the Brady Rule.’ Potts v. State, 241 Ga. 67, 74 ( 243 SE2d 510 ) (1978).

1988“The ‘(d)efendant . . . has the burden of showing that the evidence withheld from him so impaired his defense that he was denied a fair trial within the meaning of the Brady Rule.’ Potts v. State, 241 Ga. 67, 74 ( 243 SE2d 510 ) (1978).

11
Rosser v. Stategreen
gactapp · 1981 · cited in 1 Georgia opinions naming this issue, 1986–1986
2 sentences

1986It is true that “ ‘[a] confession alone, uncorroborated by any other evidence shall not justify a conviction.’ [OCGA § 24-3-53.] ‘However, proof of the corpus delicti is held to be sufficient corroboration.’ [Cit.]” Rosser v. State, 157 Ga. App. 161, 162 (2) ( 276 SE2d 672 ) (1981).

1986It is true that “ ‘[a] confession alone, uncorroborated by any other evidence shall not justify a conviction.’ [OCGA § 24-3-53.] ‘However, proof of the corpus delicti is held to be sufficient corroboration.’ [Cit.]” Rosser v. State, 157 Ga. App. 161, 162 (2) ( 276 SE2d 672 ) (1981).

11
Williams v. Stategreen
ga · 1983 · cited in 1 Georgia opinions naming this issue, 1986–1986
2 sentences

1986The denial of the motion is enumerated as error. “[B]efore a warrant may issue, the issuing magistrate must have sufficient reasons to believe that a crime was. committed, that the items sought are connected with the crime, and that the items sought will be found in the place to be searched. [Cit.]” Williams v. State, 251 Ga. 749, 795 (8b) (ii) ( 312 SE2d 40 ) (1983).

1986The denial of the motion is enumerated as error. “[B]efore a warrant may issue, the issuing magistrate must have sufficient reasons to believe that a crime was. committed, that the items sought are connected with the crime, and that the items sought will be found in the place to be searched. [Cit.]” Williams v. State, 251 Ga. 749, 795 (8b) (ii) ( 312 SE2d 40 ) (1983).

11
Bryan v. Stategreen
ga · 1968 · cited in 1 Georgia opinions naming this issue, 1968–1968
2 sentences

1968See also Bryan v. State, 224 Ga. 389, 391 (1) ( 162 SE2d 349 ); Tiller v. State, 224 Ga. 645 ( 164 SE2d 137 ). 2.

1968See also Bryan v. State, 224 Ga. 389, 391 (1) ( 162 SE2d 349 ); Tiller v. State, 224 Ga. 645 ( 164 SE2d 137 ). 2.

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 (4)

CaseCitedYears
Miranda v. Arizona green
scotus · 1966
1 sentence

1998The only incriminating statement defendant made in this call was the statement “I’m the shooter.” This was volunteered by defendant in response to the 911 operator’s query, “Okay, who is this?” The trial court correctly admitted this evidence over defendant’s objection that no warnings as prescribed by Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) preceded his volunteered statement.

11998–1998
Neff v. State neutral
gactapp · 1986
2 sentences

1987The trial court’s denial of the motion is enumerated as error. “ ‘A motion for continuance based on absence of a witness is addressed to the sound discretion of the trial judge and an appellate court will not interfere unless it is clearly shown it has abused its discretion. [Cit.]’ [Cit.]” Neff v. State, 178 Ga. App. 777 (2) ( 344 SE2d 740 ) (1986).

1987The trial court’s denial of the motion is enumerated as error. “ ‘A motion for continuance based on absence of a witness is addressed to the sound discretion of the trial judge and an appellate court will not interfere unless it is clearly shown it has abused its discretion. [Cit.]’ [Cit.]” Neff v. State, 178 Ga. App. 777 (2) ( 344 SE2d 740 ) (1986).

11987–1987
Hill v. Willis green
ga · 1968
2 sentences

1968Under the holding in Hill v. Willis, 224 Ga. 263 ( 161 SE2d 281 ), the denial of a motion for new trial, as amended, unappealed from, becomes the law of the case as to matters passed on therein unless the denial of the motion is enumerated as error.

1968Under the holding in Hill v. Willis, 224 Ga. 263 ( 161 SE2d 281 ), the denial of a motion for new trial, as amended, unappealed from, becomes the law of the case as to matters passed on therein unless the denial of the motion is enumerated as error.

11968–1968
Tiller v. State green
ga · 1968
2 sentences

1968See also Bryan v. State, 224 Ga. 389, 391 (1) ( 162 SE2d 349 ); Tiller v. State, 224 Ga. 645 ( 164 SE2d 137 ). 2.

1968See also Bryan v. State, 224 Ga. 389, 391 (1) ( 162 SE2d 349 ); Tiller v. State, 224 Ga. 645 ( 164 SE2d 137 ). 2.

11968–1968

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