distinct substantive defense (Georgia) · Go Syfert
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distinct substantive defense in Georgia

7 Georgia opinions name it 2 courts 1924–1992 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
Spear v. Stategreen
ga · 1973 · cited in 3 Georgia opinions naming this issue, 1977–1992
2 sentences

1992See also Bruce v. State, 191 Ga. App. 580, 582 (5) ( 382 SE2d 367 ) (1989); Spear v. State, 230 Ga. 74, 76 (1) ( 195 SE2d 397 ) (1973). *97 Decided October 30, 1992.

1992See also Bruce v. State, 191 Ga. App. 580, 582 (5) ( 382 SE2d 367 ) (1989); Spear v. State, 230 Ga. 74, 76 (1) ( 195 SE2d 397 ) (1973). *97 Decided October 30, 1992.

33
David v. Stategreen
gactapp · 1977 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992The “good character of the accused is not a distinct substantive defense. [Cits.] Generally, in the absence of a proper written request to charge on the character of the accused it is not cause for a new trial when no such charge was given, and it is only in exceptional cases where the court fails to charge relative to the good character of the accused that a new trial will be granted. [Cit.] The case sub judice falls within the general rule, and not within the exception. [Cits.] In the absence of a proper written request to charge on good character the failure of the court to charge thereon w

1992The “good character of the accused is not a distinct substantive defense. [Cits.] Generally, in the absence of a proper written request to charge on the character of the accused it is not cause for a new trial when no such charge was given, and it is only in exceptional cases where the court fails to charge relative to the good character of the accused that a new trial will be granted. [Cit.] The case sub judice falls within the general rule, and not within the exception. [Cits.] In the absence of a proper written request to charge on good character the failure of the court to charge thereon w

11
Bruce v. Stategreen
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992See also Bruce v. State, 191 Ga. App. 580, 582 (5) ( 382 SE2d 367 ) (1989); Spear v. State, 230 Ga. 74, 76 (1) ( 195 SE2d 397 ) (1973). *97 Decided October 30, 1992.

1992See also Bruce v. State, 191 Ga. App. 580, 582 (5) ( 382 SE2d 367 ) (1989); Spear v. State, 230 Ga. 74, 76 (1) ( 195 SE2d 397 ) (1973). *97 Decided October 30, 1992.

11
Black & White Cab Co. v. Cowdengreen
gactapp · 1941 · cited in 1 Georgia opinions naming this issue, 1948–1948
2 sentences

1948See also Black & White Cab Co. v. Cowden, 64 Ga. App. 477 (4), 480 ( 13 S. E. 2d, 724 ).

1948See also Black & White Cab Co. v. Cowden, 64 Ga. App. 477 (4), 480 ( 13 S. E. 2d, 724 ).

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
Scott v. State green
ga · 1912
2 sentences

1951“In Scott v. State, 137 Ga. 337 ( 73 S. E. 575 ), this court held: 'While the good character of an accused person is a substantive fact, and evidence of such character should be weighed and considered by the jury in connection with all the other evidence in the case, still such good character of the accused is not a distinct substantive defense.

1951“In Scott v. State, 137 Ga. 337 ( 73 S. E. 575 ), this court held: 'While the good character of an accused person is a substantive fact, and evidence of such character should be weighed and considered by the jury in connection with all the other evidence in the case, still such good character of the accused is not a distinct substantive defense.

31924–1980
Seymour v. State green
ga · 1898
2 sentences

1980Spear v. State, 230 Ga. 74, 76 ( 195 SE2d 397 ) (1973); Scott v. State, 137 Ga. 337 (3) ( 73 SE 575 ) (1911); Seymour v. State, 102 Ga. 803 ( 30 SE 263 ) (1897).

1980Spear v. State, 230 Ga. 74, 76 ( 195 SE2d 397 ) (1973); Scott v. State, 137 Ga. 337 (3) ( 73 SE 575 ) (1911); Seymour v. State, 102 Ga. 803 ( 30 SE 263 ) (1897).

21977–1980
Wilson v. State green
ga · 1940
2 sentences

1973Conceding that the testimony of the defendant did place his good character in issue, although there are holdings indicating the contrary, e. g., Wilson v. State, 190 Ga. 824 ( 10 SE2d 861 ); Richmond v. State, 210 Ga. 403 ( 80 SE2d 178 ), it has long been the law of this state, and we are of the opinion that it is unchanged by the provisions set forth in Code Ann. § 70-207 referred to above, that "[wjhile the good character of an accused person is a substantive fact, and evidence of such character should be weighed and considered by the jury in connection with all the other evidence in the cas

1973Conceding that the testimony of the defendant did place his good character in issue, although there are holdings indicating the contrary, e. g., Wilson v. State, 190 Ga. 824 ( 10 SE2d 861 ); Richmond v. State, 210 Ga. 403 ( 80 SE2d 178 ), it has long been the law of this state, and we are of the opinion that it is unchanged by the provisions set forth in Code Ann. § 70-207 referred to above, that "[wjhile the good character of an accused person is a substantive fact, and evidence of such character should be weighed and considered by the jury in connection with all the other evidence in the cas

11973–1973
Richmond v. State green
ga · 1954
2 sentences

1973Conceding that the testimony of the defendant did place his good character in issue, although there are holdings indicating the contrary, e. g., Wilson v. State, 190 Ga. 824 ( 10 SE2d 861 ); Richmond v. State, 210 Ga. 403 ( 80 SE2d 178 ), it has long been the law of this state, and we are of the opinion that it is unchanged by the provisions set forth in Code Ann. § 70-207 referred to above, that "[wjhile the good character of an accused person is a substantive fact, and evidence of such character should be weighed and considered by the jury in connection with all the other evidence in the cas

1973Conceding that the testimony of the defendant did place his good character in issue, although there are holdings indicating the contrary, e. g., Wilson v. State, 190 Ga. 824 ( 10 SE2d 861 ); Richmond v. State, 210 Ga. 403 ( 80 SE2d 178 ), it has long been the law of this state, and we are of the opinion that it is unchanged by the provisions set forth in Code Ann. § 70-207 referred to above, that "[wjhile the good character of an accused person is a substantive fact, and evidence of such character should be weighed and considered by the jury in connection with all the other evidence in the cas

11973–1973
Savannah Electric Co. v. Jackson green
ga · 1909
2 sentences

1948Where the presiding judge charged that if the defendant was not guilty of negligence causing the injury, the plaintiff could not recover, an omission to charge, without request, that if the injury resulted from accident there could be no recovery, was not such a failure to charge in regard to a distinct substantive defense as will require the grant of a new trial.” Savannah Electric Co. v. Jackson, 132 Ga. 559 (4), 563 ( 64 S. E. 680 ).

1948Where the presiding judge charged that if the defendant was not guilty of negligence causing the injury, the plaintiff could not recover, an omission to charge, without request, that if the injury resulted from accident there could be no recovery, was not such a failure to charge in regard to a distinct substantive defense as will require the grant of a new trial.” Savannah Electric Co. v. Jackson, 132 Ga. 559 (4), 563 ( 64 S. E. 680 ).

11948–1948

Where else courts name it

GA 7 (1924–1992) HI 2 (2000–2007)

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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