charge is assigned error (Georgia) · Go Syfert
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charge is assigned error in Georgia

9 Georgia opinions name it 2 courts 1917–1980 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 (4)

CaseFollowedCited
Brown v. Kirklandgreen
gactapp · 1963 · cited in 1 Georgia opinions naming this issue, 1980–1980
2 sentences

1980If any part or portion of the omission alleged to be erroneous is itself impertinent, irrelevant or improper the assignment of error must fail. [Cits.]” Brown v. Kirkland, 108 Ga. App. 651, 654 ( 134 SE2d 472 ) (1963).

1980If any part or portion of the omission alleged to be erroneous is itself impertinent, irrelevant or improper the assignment of error must fail. [Cits.]” Brown v. Kirkland, 108 Ga. App. 651, 654 ( 134 SE2d 472 ) (1963).

11
Garrett v. Stategreen
ga · 1948 · cited in 1 Georgia opinions naming this issue, 1971–1971
2 sentences

1971Dowdell v. State, 194 Ga. 578 (3) ( 22 SE2d 310 ); Garrett v. State, 203 Ga. 756, 765 ( 48 SE2d 377 ); Pruitt v. State, 88 Ga. App. 711 (7) ( 77 SE2d 552 ); Dye v. State, 118 Ga. App. 570 (2) ( 165 SE2d 183 ). 6.

1971Dowdell v. State, 194 Ga. 578 (3) ( 22 SE2d 310 ); Garrett v. State, 203 Ga. 756, 765 ( 48 SE2d 377 ); Pruitt v. State, 88 Ga. App. 711 (7) ( 77 SE2d 552 ); Dye v. State, 118 Ga. App. 570 (2) ( 165 SE2d 183 ). 6.

11
Southern Railway Co. v. Lunsfordgreen
gactapp · 1937 · cited in 1 Georgia opinions naming this issue, 1940–1940
2 sentences

1940See in this connection the “Little-Watchman” case, Southern Railway Co. v. Lunsford, 57 Ga. App. 53, 57 ( 194 S. E. 602 ). *864 The court charged the jury that the plaintiff contended that his injuries are permanent and will prevent him from engaging in his occupation as flagman; that he was thirty-six years of age at the time he received his injuries, and was earning approximately $225 a month, and that if “he is otherwise entitled to recover these would be legitimate items of damage to be considered in making your award, that is the element of pain and suffering, past, present, and future, r

1940See in this connection the “Little-Watchman” case, Southern Railway Co. v. Lunsford, 57 Ga. App. 53, 57 ( 194 S. E. 602 ). *864 The court charged the jury that the plaintiff contended that his injuries are permanent and will prevent him from engaging in his occupation as flagman; that he was thirty-six years of age at the time he received his injuries, and was earning approximately $225 a month, and that if “he is otherwise entitled to recover these would be legitimate items of damage to be considered in making your award, that is the element of pain and suffering, past, present, and future, r

11
Wilson v. Smallgreen
gactapp · 1922 · cited in 1 Georgia opinions naming this issue, 1924–1924
2 sentences

1924The giving of this excerpt was not cause for a new trial, since the court elsewhere in the charge fully and correctly instructed the jury that if the claimant was such a purchaser, a verdict should be returned in its favor. (a) “Even though a particular instruction takent alone may be open to the criticism that it required a given qualification, yet where it plainly appears that elsewhere in the charge this very qualification of the doctrine laid down in such instruction was so distinctly and clearly, stated as that the jury were not misled as to the true law, the giving of the instruction wil

1924The giving of this excerpt was not cause for a new trial, since the court elsewhere in the charge fully and correctly instructed the jury that if the claimant was such a purchaser, a verdict should be returned in its favor. (a) “Even though a particular instruction takent alone may be open to the criticism that it required a given qualification, yet where it plainly appears that elsewhere in the charge this very qualification of the doctrine laid down in such instruction was so distinctly and clearly, stated as that the jury were not misled as to the true law, the giving of the instruction wil

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 (13)

CaseCitedYears
Dye v. State neutral
gactapp · 1968
2 sentences

1971Dowdell v. State, 194 Ga. 578 (3) ( 22 SE2d 310 ); Garrett v. State, 203 Ga. 756, 765 ( 48 SE2d 377 ); Pruitt v. State, 88 Ga. App. 711 (7) ( 77 SE2d 552 ); Dye v. State, 118 Ga. App. 570 (2) ( 165 SE2d 183 ). 6.

1971Dowdell v. State, 194 Ga. 578 (3) ( 22 SE2d 310 ); Garrett v. State, 203 Ga. 756, 765 ( 48 SE2d 377 ); Pruitt v. State, 88 Ga. App. 711 (7) ( 77 SE2d 552 ); Dye v. State, 118 Ga. App. 570 (2) ( 165 SE2d 183 ). 6.

11971–1971
Dowdell v. State green
ga · 1942
2 sentences

1971Dowdell v. State, 194 Ga. 578 (3) ( 22 SE2d 310 ); Garrett v. State, 203 Ga. 756, 765 ( 48 SE2d 377 ); Pruitt v. State, 88 Ga. App. 711 (7) ( 77 SE2d 552 ); Dye v. State, 118 Ga. App. 570 (2) ( 165 SE2d 183 ). 6.

1971Dowdell v. State, 194 Ga. 578 (3) ( 22 SE2d 310 ); Garrett v. State, 203 Ga. 756, 765 ( 48 SE2d 377 ); Pruitt v. State, 88 Ga. App. 711 (7) ( 77 SE2d 552 ); Dye v. State, 118 Ga. App. 570 (2) ( 165 SE2d 183 ). 6.

11971–1971
Pruitt v. State neutral
gactapp · 1953
2 sentences

1971Dowdell v. State, 194 Ga. 578 (3) ( 22 SE2d 310 ); Garrett v. State, 203 Ga. 756, 765 ( 48 SE2d 377 ); Pruitt v. State, 88 Ga. App. 711 (7) ( 77 SE2d 552 ); Dye v. State, 118 Ga. App. 570 (2) ( 165 SE2d 183 ). 6.

1971Dowdell v. State, 194 Ga. 578 (3) ( 22 SE2d 310 ); Garrett v. State, 203 Ga. 756, 765 ( 48 SE2d 377 ); Pruitt v. State, 88 Ga. App. 711 (7) ( 77 SE2d 552 ); Dye v. State, 118 Ga. App. 570 (2) ( 165 SE2d 183 ). 6.

11971–1971
Crowe v. State green
gactapp · 1951
2 sentences

1960“One may be legally convicted of a felony other than treason or perjury where the only evidence diz'ectly connecting him with the offense charged is the testimony of an accomplice, and where the only corroboration is the testimony of other accomplices.” (Italics ours.) Pope v. State, 171 Ga. 655 ( 156 S. E. 599 ); Crowe v. State, 83 Ga. App. 325 ( 63 S. E. 2d 682 ).

1960“One may be legally convicted of a felony other than treason or perjury where the only evidence diz'ectly connecting him with the offense charged is the testimony of an accomplice, and where the only corroboration is the testimony of other accomplices.” (Italics ours.) Pope v. State, 171 Ga. 655 ( 156 S. E. 599 ); Crowe v. State, 83 Ga. App. 325 ( 63 S. E. 2d 682 ).

11960–1960
Pope v. State green
ga · 1930
2 sentences

1960“One may be legally convicted of a felony other than treason or perjury where the only evidence diz'ectly connecting him with the offense charged is the testimony of an accomplice, and where the only corroboration is the testimony of other accomplices.” (Italics ours.) Pope v. State, 171 Ga. 655 ( 156 S. E. 599 ); Crowe v. State, 83 Ga. App. 325 ( 63 S. E. 2d 682 ).

1960“One may be legally convicted of a felony other than treason or perjury where the only evidence diz'ectly connecting him with the offense charged is the testimony of an accomplice, and where the only corroboration is the testimony of other accomplices.” (Italics ours.) Pope v. State, 171 Ga. 655 ( 156 S. E. 599 ); Crowe v. State, 83 Ga. App. 325 ( 63 S. E. 2d 682 ).

11960–1960
Branch v. State neutral
gactapp · 1909
2 sentences

1945In his argument counsel cited Branch v. State, 5 Ga. App. 651 (2) ( 63 S. E. 714 ), and Stevens v. State, 8 Ga. App. 217 (3) ( 68 S. E. 874 ), in support of these contentions.

1945In his argument counsel cited Branch v. State, 5 Ga. App. 651 (2) ( 63 S. E. 714 ), and Stevens v. State, 8 Ga. App. 217 (3) ( 68 S. E. 874 ), in support of these contentions.

11945–1945
Stevens v. State green
gactapp · 1910
2 sentences

1945In his argument counsel cited Branch v. State, 5 Ga. App. 651 (2) ( 63 S. E. 714 ), and Stevens v. State, 8 Ga. App. 217 (3) ( 68 S. E. 874 ), in support of these contentions.

1945In his argument counsel cited Branch v. State, 5 Ga. App. 651 (2) ( 63 S. E. 714 ), and Stevens v. State, 8 Ga. App. 217 (3) ( 68 S. E. 874 ), in support of these contentions.

11945–1945
Shelton v. State neutral
gactapp · 1912
2 sentences

1945The part omitted is as follows: ‘Without justifying or mitigating circumstances/ ” The excerpt excepted to is almost in the language of this court in Reddick v. *400 State, 11 Ga. App. 150 (2) ( 74 S. E. 901 ); and complies with the rule there stated.- -.See also in this connection, Shelton v. State, 11 Ga. App. 148 ( 74 S. E. 846 ).

1945The part omitted is as follows: ‘Without justifying or mitigating circumstances/ ” The excerpt excepted to is almost in the language of this court in Reddick v. *400 State, 11 Ga. App. 150 (2) ( 74 S. E. 901 ); and complies with the rule there stated.- -.See also in this connection, Shelton v. State, 11 Ga. App. 148 ( 74 S. E. 846 ).

11945–1945
Reddick v. State green
gactapp · 1912
2 sentences

1945The part omitted is as follows: ‘Without justifying or mitigating circumstances/ ” The excerpt excepted to is almost in the language of this court in Reddick v. *400 State, 11 Ga. App. 150 (2) ( 74 S. E. 901 ); and complies with the rule there stated.- -.See also in this connection, Shelton v. State, 11 Ga. App. 148 ( 74 S. E. 846 ).

1945The part omitted is as follows: ‘Without justifying or mitigating circumstances/ ” The excerpt excepted to is almost in the language of this court in Reddick v. *400 State, 11 Ga. App. 150 (2) ( 74 S. E. 901 ); and complies with the rule there stated.- -.See also in this connection, Shelton v. State, 11 Ga. App. 148 ( 74 S. E. 846 ).

11945–1945
Prudential Insurance Co. of America v. South green
ga · 1934
2 sentences

1942The policy provides that a total disability insured against is where the insured '“has become totally and permanently disabled by bodily injury or disease, so that he is and will be permanently, continuously, and wholly prevented thereby from performing any work for compensation, gain, or profit, and from following any gainful occupation.” This excerpt from the charge is assigned as error in that the court did not further charge the jury as respects total disability in the above language of the policy, and that the failure to so charge was error and a denial to the defendant of the equal prote

1942The policy provides that a total disability insured against is where the insured '“has become totally and permanently disabled by bodily injury or disease, so that he is and will be permanently, continuously, and wholly prevented thereby from performing any work for compensation, gain, or profit, and from following any gainful occupation.” This excerpt from the charge is assigned as error in that the court did not further charge the jury as respects total disability in the above language of the policy, and that the failure to so charge was error and a denial to the defendant of the equal prote

11942–1942
Taylor v. Southern States Life Ins. Co. green
sc · 1917
1 sentence

1942The policy provides that a total disability insured against is where the insured '“has become totally and permanently disabled by bodily injury or disease, so that he is and will be permanently, continuously, and wholly prevented thereby from performing any work for compensation, gain, or profit, and from following any gainful occupation.” This excerpt from the charge is assigned as error in that the court did not further charge the jury as respects total disability in the above language of the policy, and that the failure to so charge was error and a denial to the defendant of the equal prote

11942–1942
Spencer v. Brooks neutral
ga · 1896
2 sentences

1917Reid: (a) This charge was not, for any of the reasons assigned, such error as to demand the grant of a new trial. ■ (b) While in one sense the plaintiff was a vice-principal of the defendant, rather than a fellow servant of the negligent employee (Spencer v. Brooks, 97 Ga. 681 , 25 S. E. 480 ; Moore v. Dublin Cotton Mills, 127 Ga. 609 , 56 S. E. 839 , 10 L.

1917Reid: (a) This charge was not, for any of the reasons assigned, such error as to demand the grant of a new trial. ■ (b) While in one sense the plaintiff was a vice-principal of the defendant, rather than a fellow servant of the negligent employee (Spencer v. Brooks, 97 Ga. 681 , 25 S. E. 480 ; Moore v. Dublin Cotton Mills, 127 Ga. 609 , 56 S. E. 839 , 10 L.

11917–1917
Moore v. Dublin Cotton Mills green
ga · 1907
2 sentences

1917Reid: (a) This charge was not, for any of the reasons assigned, such error as to demand the grant of a new trial. ■ (b) While in one sense the plaintiff was a vice-principal of the defendant, rather than a fellow servant of the negligent employee (Spencer v. Brooks, 97 Ga. 681 , 25 S. E. 480 ; Moore v. Dublin Cotton Mills, 127 Ga. 609 , 56 S. E. 839 , 10 L.

1917Reid: (a) This charge was not, for any of the reasons assigned, such error as to demand the grant of a new trial. ■ (b) While in one sense the plaintiff was a vice-principal of the defendant, rather than a fellow servant of the negligent employee (Spencer v. Brooks, 97 Ga. 681 , 25 S. E. 480 ; Moore v. Dublin Cotton Mills, 127 Ga. 609 , 56 S. E. 839 , 10 L.

11917–1917

Where else courts name it

GA 9 (1917–1980) TX 6 (1884–1929)

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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