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8 Georgia opinions name it 2 courts 1892–1994 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.
| Case | Followed | Cited |
|---|---|---|
Shepherd v. Stategreen2 sentences1988A. A. had complete possession and control of the car at any time the application of a presumption of possession of any contraband found in it is not "a sound, abstract principle of law" and is "`a dangerous rule for the numerous owners of motor vehicles.'" Id.; Shepherd v. State, 77 Ga. App. 857, 858 ( 50 SE2d 111 ). 1988A. A. had complete possession and control of the car at any time the application of a presumption of possession of any contraband found in it is not "a sound, abstract principle of law" and is "`a dangerous rule for the numerous owners of motor vehicles.'" Id.; Shepherd v. State, 77 Ga. App. 857, 858 ( 50 SE2d 111 ). | 2 | 2 |
Muhammad v. Stategreen2 sentences1994“Where it is established that other persons had equal access to the vehicle, ‘the application of a presumption of possession of any contraband found in it is not a sound, abstract principle of law and is a dangerous rule for the numerous owners [or drivers] of motor vehicles.’ . . . [Cit.]” Whipple v. State, 207 Ga. App. 131 (1), 132 ( 427 SE2d 101 ). “[H]aving eliminated the presumption of possession, what remains [in the case sub judice is defendant’s] mere presence near hidden cocaine.” Whipple v. State, 207 Ga. App. 131, 132 , supra. “[M]ere proof of the accused’s presence at the scene of 1994“Where it is established that other persons had equal access to the vehicle, ‘the application of a presumption of possession of any contraband found in it is not a sound, abstract principle of law and is a dangerous rule for the numerous owners [or drivers] of motor vehicles.’ . . . [Cit.]” Whipple v. State, 207 Ga. App. 131 (1), 132 ( 427 SE2d 101 ). “[H]aving eliminated the presumption of possession, what remains [in the case sub judice is defendant’s] mere presence near hidden cocaine.” Whipple v. State, 207 Ga. App. 131, 132 , supra. “[M]ere proof of the accused’s presence at the scene of | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Whipple v. State
green
2 sentences1994“Where it is established that other persons had equal access to the vehicle, ‘the application of a presumption of possession of any contraband found in it is not a sound, abstract principle of law and is a dangerous rule for the numerous owners [or drivers] of motor vehicles.’ . . . [Cit.]” Whipple v. State, 207 Ga. App. 131 (1), 132 ( 427 SE2d 101 ). “[H]aving eliminated the presumption of possession, what remains [in the case sub judice is defendant’s] mere presence near hidden cocaine.” Whipple v. State, 207 Ga. App. 131, 132 , supra. “[M]ere proof of the accused’s presence at the scene of 1994“Where it is established that other persons had equal access to the vehicle, ‘the application of a presumption of possession of any contraband found in it is not a sound, abstract principle of law and is a dangerous rule for the numerous owners [or drivers] of motor vehicles.’ . . . [Cit.]” Whipple v. State, 207 Ga. App. 131 (1), 132 ( 427 SE2d 101 ). “[H]aving eliminated the presumption of possession, what remains [in the case sub judice is defendant’s] mere presence near hidden cocaine.” Whipple v. State, 207 Ga. App. 131, 132 , supra. “[M]ere proof of the accused’s presence at the scene of | 1 | 1994–1994 |
In the Interest of C. A. A.
green
1 sentence1993Where it is established that other persons had equal access to the vehicle, “the application of a presumption of possession of any contraband found in it istnot a sound, abstract principle of law and is a dangerous rule for the numerous owners of motor vehicles.” (Citations and punctuation omitted.) Id. at 693 . | 1 | 1993–1993 |
Fears v. State
green
2 sentences1988The Farmer rule just stated was reaffirmed in Fears v. State, 169 Ga. App. 172 ( 312 SE2d 174 ). 1988The Farmer rule just stated was reaffirmed in Fears v. State, 169 Ga. App. 172 ( 312 SE2d 174 ). | 1 | 1988–1988 |
Fannin v. State
green
1 sentence1938Such point was not involved; but the court said: “This is more than a simple trespass, and it will be a dangerous doctrine to hold that a man can thus collect his debts.” The Criminal Court of Appeals of Texas, in Fannin v. State, 51 Tex. Cr. 41 ( 100 S. W. 916 , 10 L. | 1 | 1938–1938 |
Eaves v. Georgian Co.
green
2 sentences1935Forfeitures have never been favorites of the law. “ Courts will readily seize upon conduct or circumstances arising subsequently on the part of parties, to imply a waiver.” Eaves v. Georgian Co., 47 Ga. App. 37 ( 169 S. E. 519 ). 1935Forfeitures have never been favorites of the law. “ Courts will readily seize upon conduct or circumstances arising subsequently on the part of parties, to imply a waiver.” Eaves v. Georgian Co., 47 Ga. App. 37 ( 169 S. E. 519 ). | 1 | 1935–1935 |
Fire Ass'n v. Fleming
green
1 sentence1907I think this case is' controlled by Fire Association v. Fleming, 78 Ga. 733 , and Wikle v. L. & N. R. | 1 | 1907–1907 |
Ferguson v. Dent
neutral
1 sentence1892And see Ferguson v. Dent, 8 Mo. 667 , holding that a recital in the description of the premises is not a covenant; Delmer v. McCabe, 14 Ir. | 1 | 1892–1892 |
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.