Legal Opinion

Kent v. State

Court of Appeals of Georgia

Decided April 25, 1916No. 7266PublishedCited by 10 opinions

Indictment for malpractice in office; from Wheeler superior court — Judge Sheppard presiding. January 8, 1916.

1Opinion of the CourtBroyles, J.

1. Exceptions pendente lite can not be considered unless error is assigned thereon, either in the main bill of exceptions, or in the reviewing court by counsel for plaintiff in error before argument begins. Shaw v. Jones, 133 Ga. 446 (66 S. E. 240). Under the foregoing ruling, the judgment on the demurrer in this case can not be considered by this court.

{a) This rule applies where a direct bill of exceptions was brought to this court on a judgment overruling a demurrer to the indictment and where the writ of error was dismissed on the ground that a motion for a new trial in the case was…

2Cases cited5 opinions

  1. Shaw v. Jones, Newton & Co.Supreme Court of Georgia · 1909
  2. Tooke v. StateCourt of Appeals of Georgia · 1908
  3. Gray v. McLendonSupreme Court of Georgia · 1910
  4. Smith & Co. v. EvansSupreme Court of Georgia · 1906
  5. State ex rel. Lennard v. FrazierSupreme Court of Georgia · 1873

3Cited by10 opinions

  1. State v. MadiganSupreme Court of Georgia · 1982
  2. DeKalb County School District v. Georgia State Board of EducationSupreme Court of Georgia · 2013
  3. Southern Railway Co. v. WilliamsCourt of Appeals of Georgia · 1917
  4. Cargile v. StateCourt of Appeals of Georgia · 1942
  5. Reddick v. StricklandCourt of Appeals of Georgia · 1920

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