Legal Opinion · Concurrence

Galbreath v. State

Court of Appeals of Georgia

Decided November 6, 1989No. A89A1545Published

1ConcurrenceBenham, Judge

Although I agree with the majority that appellant’s conviction must be affirmed, I cannot agree with the legal analysis employed to reach that result or with the need to import into Georgia law the broad statements of law quoted by the majority from AmJur2d.

“Statutes imposing criminal liability are to be construed strictly; and although there is not, in the Act of 1914 [Acts 1914, p. 86; Park’s Annotated Code, Vol. 6, § 718 (d)] an express statement that its provisions as to the drawing and uttering of checks and other papers therein mentioned are confined to and refer only to such papers as…

2Cases cited9 opinions

  1. Berry v. StateSupreme Court of Georgia · 1922
  2. Neidlinger v. StateCourt of Appeals of Georgia · 1916
  3. State v. BeardSupreme Court of Kansas · 1966
  4. Brooks v. StateCourt of Appeals of Georgia · 1978
  5. Barnes v. Gossett Oil Co.Court of Appeals of Georgia · 1937

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