Crumley v. State

5 Citing cases

  1. Luck v. State

    168 Ga. App. 464 (Ga. Ct. App. 1983)   Cited 2 times

    (Emphasis supplied.) Crumley v. State, 135 Ga. App. 394, 398 ( 217 S.E.2d 464) (1975) relied on the same test as in Babb, supra. The writer in Simpson v. State, 159 Ga. App. 235, 236 ( 283 S.E.2d 91) (1981) relied upon approximately the same rule: "In the final analysis `it is the magistrate who must determine whether the total amounts to probable cause.'

  2. Sisson v. State

    234 S.E.2d 146 (Ga. Ct. App. 1977)   Cited 13 times

    In the case of a dwelling home, occupied by a single family, the contents therein, including any drugs, may be inferred to have been in the possession of the head of the household. Crumley v. State, 135 Ga. App. 394 ( 217 S.E.2d 464); Kenerleber v. State, 137 Ga. App. 618 ( 224 S.E.2d 476); Sheppard v. State, 138 Ga. App. 597 (4) ( 226 S.E.2d 744). Though this inference is rebuttable, the issue was presented to the jury under appropriate instructions and the issue resolved against appellant. The jury's conclusion being supported by the evidence, we will not disturb it. For the same reason, it was not error for the trial judge to refuse to direct a verdict.

  3. Dudley v. State

    233 S.E.2d 805 (Ga. Ct. App. 1977)   Cited 5 times

    The testimony did not place the defendant's character in issue, and there was no error in denying the motion for mistrial." Accord, Crumley v. State, 135 Ga. App. 394, 396 ( 217 S.E.2d 464); Williams v.State, 135 Ga. App. 919, 920 ( 219 S.E.2d 632). There is no merit to this enumeration of error. 2.

  4. Walker v. State

    231 S.E.2d 386 (Ga. Ct. App. 1976)   Cited 9 times

    The charge as given substantially sets forth the law of presumptions arising from ownership and was not erroneous for the reasons assigned. See Crumley v. State, 135 Ga. App. 394 (1) ( 217 S.E.2d 464) (1975) and cits. 4. The trial court did not err in failing to grant Walker's motion for mistrial based upon a reference to the serious problem created by the sale of beer and marijuana made during argument by the assistant district attorney.

  5. Shuman v. Mashburn

    137 Ga. App. 231 (Ga. Ct. App. 1976)   Cited 27 times
    Finding that last clear chance doctrine did not support the plaintiff's case when the evidence showed that "the defendant, even if he knew of the peril, could not have prevented the injury"

    In addition to the cases mentioned earlier in this opinion where summary judgments were granted defendants in negligence cases, we cite the following as examples: (a) no duty to warn as to patent dangers: Laite v. Baxter, 126 Ga. App. 743 ( 191 S.E.2d 531) (cert. den.); (b) plaintiff's negligence sole proximate cause: Benson v. Action Elec. Co., 131 Ga. App. 623 ( 206 S.E.2d 647); (c) assumption of obvious risk: Taff v. Harris, 118 Ga. App. 611 ( 164 S.E.2d 881); (d) minor differences in floor levels: Lamberson v. Norris, 135 Ga. App. 647 ( 218 S.E.2d 658) and cits.; (e) railroad crossing collision: Parson v. Central of Ga. R. Co., 129 Ga. App. 218 ( 199 S.E.2d 396); (f) slip-and-fall cases: Mitchell Motors, Inc. v. Tatum, 120 Ga. App. 689 ( 172 S.E.2d 187), Family Dollar Stores, Inc. v. Brown, 123 Ga. App. 359 ( 181 S.E.2d 100) and Smith v. Shuman, 135 Ga. App. 394 ( 217 S.E.2d 464); (g) instrumentality not dangerous: Higginbotham v. Winborn, 135 Ga. App. 753 ( 218 S.E.2d 917); and (h) foreseeability: Ga. Power Co. v. Carden, 128 Ga. App. 347 ( 196 S.E.2d 477). In affirming our court in this last case the Supreme Court said in Carden v. Ga. Power Co., 231 Ga. 456 ( 202 S.E.2d 55) that "In a negligence case, presented on motion for summary judgment by a defendant charged with negligence, the trial judge must determine: (1) the defendant's duty to the plaintiff and the risks that fall within the scope of that duty, and (2) the sufficiency of the evidence to raise an issue of fact."