Legal Opinion

Devereaux v. State

Court of Appeals of Georgia

Decided March 8, 1921No. 12030PublishedCited by 1 opinion

Accusation of violation of motor-vehicle law; from city court of Macon — Judge Gunn. November 18, 1920. The accusation charged that Willie Devereaux operated a motor-truck upon a public highway at a greater speed than ten miles per hour on approaching and on traversing a sharp curve of the road. On the trial Wilse Birdsong testified for the State as follows: “ I saw the defendant on the Milledgeville road, driving a Ford car at a rate of speed of 28 miles per hour.

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Accusation of violation of motor-vehicle law; from city court of Macon — Judge Gunn. November 18, 1920. The accusation charged that Willie Devereaux operated a motor-truck upon a public highway at a greater speed than ten miles per hour on approaching and on traversing a sharp curve of the road. On the trial Wilse Birdsong testified for the State as follows: “ I saw the defendant on the Milledgeville road, driving a Ford car at a rate of speed of 28 miles per hour. ITe approached and went around a curve at the rate of 28 miles per hour. There was a building on the side of the road. One…

1Opinion of the CourtBloodworth, J.

The accusation charged that the defendant unlawfully operated a motor-vehicle upon a public highway “ at a greater speed than ten miles per hour upon approaching a sharp curve and traversing said sharp curve.” A demurrer to the accusation was overruled and exceptions pendente lite were filed. This ruling and the overruling of the defendant’s motion for a new trial are assigned as error in the main bill of exceptions. Held:

1. “ Before exceptions pendente lite can be considered by this court, error must have been originally assigned in the main bill of exceptions upon the exceptions pendente…

2Cases cited4 opinions

  1. Jones v. RaganSupreme Court of Georgia · 1911
  2. Ponder v. StateCourt of Appeals of Georgia · 1920
  3. Carhart v. MackleCourt of Appeals of Georgia · 1920
  4. Sovereign Camp of the Woodmen of the World v. WarnerCourt of Appeals of Georgia · 1920

3Cited by1 opinion

  1. Scoggins v. StateCourt of Appeals of Georgia · 1921

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