Legal Opinion

Thomas v. State

Court of Appeals of Georgia

Decided May 7, 1946No. 31114PublishedCited by 3 opinions

1Opinion of the Court

1. The ruling on the demurrer is not assigned as error in the bill of exceptions, but is complained of only in the motion for new trial. Therefore that ruling can not be passed on by the reviewing court. McIntire v. McQuade, 190 Ga. 438, 443 (9 S.E.2d 633).

2. The Code, § 68-303, is a penal statute, designed for the purpose of protecting human life and limb, the violation of which is punishable as for a misdemeanor.

3. In misdemeanors there are no degrees of the offense; but all who participate in the commission thereof are principals and may be prosecuted as such.

4. Criminal negligence as used…

2Cases cited10 opinions

  1. Cain v. StateCourt of Appeals of Georgia · 1937
  2. Commonwealth v. ShermanMassachusetts Supreme Judicial Court · 1906
  3. McCoy v. ScarboroughCourt of Appeals of Georgia · 1946
  4. Merritt v. StateSupreme Court of Georgia · 1921
  5. Collins v. StateCourt of Appeals of Georgia · 1941

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Keye v. StateCourt of Appeals of Georgia · 1975
  2. New v. StateSupreme Court of Georgia · 1990
  3. Solomon v. StateCourt of Appeals of Georgia · 1966

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