Reasonable Doubt--Did Thomasville Man Kill His Cousin In 1911

Carsello v. 90, 137 S. 2d 305 (1964). Where there has been indictment, but no trial and no conviction of a capital felony, the Supreme Court is without jurisdiction. Defendant's argument that counsel was ineffective for not calling a DNA expert was meritless. Historically, judges serving in the state judicial system have not been considered county officers under this paragraph or former Code 1933, § 89-101 (see now O. U78-8 (see Ga. III). The main purpose of this paragraph is to prohibit exemptions from taxation, and to void all limitations of every kind and character upon the taxing power of the state. State agency or public official cannot hold federal government harmless for claims against it.

Failure of an employee to appeal discharge within the time required by the employer's personnel policy precluded employee from obtaining mandamus for a violation of due process. Street lights, sewerage and water system established. Drug evidence found in a defendant's pocket by a police officer who was executing a civil order to apprehend the defendant for a mental health evaluation under O. Legislature cannot legislate out of office any constitutional officer if purpose of the Act is to accomplish this alone; but, where the power is granted to the legislature by the Constitution to legislate upon any specific subject matter, and in strict conformity to the power the legislature passes an Act, the incidental effect of which is to abolish certain officeholders, such Act does not violate the general constitutional principle that the legislature cannot abolish constitutional offices. When the city required the telephone company to move cables from under street in order to build hospital facilities, that act was not such a taking as to mandate payment of compensation. CAUGHT NEAR SCENE OF CRIME. Right of suffrage may be regulated but not taken away. All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives. Referring to prior case as "essentially similar" insufficient. Hence, the credits arising from such loans had a situs for ad valorem taxation in Georgia where the loan business was conducted so that to tax them would not violate the due process clause of either the state or the federal Constitution. Changes in selection method for Muscogee County Board of Education.

Rampley v. 521, 304 S. 2d 574 (1983). The imposition of a new sentence to be served consecutively to a sentence on a prior conviction, in place of a vacated sentence that was to be served concurrently with the sentence on that prior conviction, may constitute an impermissible harsher punishment. Because all of the facts used to prove the offense of aggravated assault with intent to rob were used up in proving the armed robbery, merger was required. II of the 1945 Georgia Constitution, authorizing a county to levy a tax for water and sewerage purposes, was valid despite any conflict with the provision prohibiting gratuities on the part of counties. Works, 184 Ga. 406, 361 S. 2d 668 (1987); Poss v. Georgia Regional Hosp., 676 F. 258 (S. 1987); Cooper v. Swofford, 258 Ga. 143, 368 S. 2d 518 (1988); Kurtz v. 14, 371 S. 2d 878 (1988); Jarrett v. Butts, 190 Ga. 703, 379 S. 2d 583 (1989); Rogers v. Sharpe, 206 Ga. 353, 425 S. 2d 391 (1992); Winchester Constr. Because a detective's suspicions were raised by the defendant's odd behavior and the detective thought that something might be hidden in the defendant's shoes, the detective was permitted to detain the defendant in order to maintain the status quo while obtaining more information concerning that suspicion; thus, when combined with the defendant's valid consent, suppression of the evidence seized was unwarranted. Wilder v. 404, 207 S. 2d 38 (1974). Mrs. Albea announces the engagement of her daughter Florence Lamar, to Mr. Frank Chambers, of Toomsboro, the marriage to take place Wednesday, November 20, at the Methodist church. Unless regulations enacted by a local governing body are so unreasonable and extravagant that the property and personal rights of the citizen are unnecessarily, and in a manner wholly arbitrary, interfered with or destroyed without due process of law, they do not exceed the limits of the police power of the governing body to enact the regulations. Application of speedy trial statute to dismissal or other termination of prior indictment or information and bringing of new indictment or information, 39 A. Burden is on applicant. Woodside, 223 Ga. 316, 155 S. 2d 404 (1967). 813 (1894); Gilbert v. 673 (1898).

547, 602 S. 2d 278 (2004). Defendant not entitled to perfect counsel but reasonably competent counsel. Because the record on appeal failed to show that the defendant moved to withdraw a guilty plea due to ineffective assistance of counsel, and the only evidence on this issue was the transcript of the guilty plea hearing, none of the defendant's complaints could be resolved by the transcript, and, thus, the defendant was not entitled to any further relief on the claim. Computing public indebtedness, § 36-82-8. Cole v. 2d 814 (1950). "I never saw the man before in my life until Saturday. " Out-of-state contracts prohibited. Contrary cases by the Georgia Court of Appeals were never binding precedents. State Commission on Compensation may make recommendations to General Assembly concerning elimination, increase or decrease of county supplements of salaries of district attorneys. Earp v. Boylan, 260 Ga. 112, 390 S. 2d 577 (1990). Interment was in the family burying ground near Gordon. Venue in the county was established beyond a reasonable doubt under O.

§ 52-7-25(b)(4); the defendant was not in custody during the stop and Miranda warnings were not required prior to field sobriety tests. Attorney could not be disqualified from self representation in a pro se action even though the attorney had previously represented the defendant in defending similar allegations in another case. Garbage disposal facilities authorized. 148 Hydrolia street. General Hospital Authority of West Chatham County established. Both this paragraph and paragraph (7) of former Code 1933, § 89-101 (see now O. Supreme Court's Marsh standard for evaluating legislative prayer under the establishment clause of the First Amendment to the U. Pelphrey v. 2008). Because the evidence against the defendant was strong, even if counsel had objected to the argument and the trial court had sustained the objection and instructed the jurors specifically not to rely on what the jurors had heard on television, there was no reasonable probability that the result of the trial would have been different. Missouri State Life Ins. Nor Ga. 697, § 1 (see now T. 8, Ch. Mobley v. 267, 626 S. 2d 248 (2006). Where a county and Department of Transportation joined in damaging private property for use of public without first paying adequate compensation, a right of action arose in favor of the owner of the property, and the owner could have brought a joint action against the County and the Department of Transportation. In re Smith, 259 Ga. 831, 388 S. 2d 683 (1990). Distinction between buildings used in cemetery.

Trial counsel's failure to seek a Jackson-Denno hearing to suppress the defendant's statement to the police did not amount to ineffective assistance because after detailing the numerous factors considered, the trial court found that if a Jackson-Denno hearing had been held, the defendant's statements would have been found admissible, notwithstanding that the defendant was a minor.