Legal Opinion

In re Fite

Court of Appeals of Georgia

Decided October 12, 1912No. 4463PublishedCited by 47 opinions

Attachment for contempt. On October 7, 1912, the Court of Appeals passed an order as follows: "“It being made to appear to this court that Augustus W. Fite, one of the judges of the superior courts of this State, whose decisions are subject to review by this court, did write and cause to be published on October 5, 1912, in the Atlanta Daily Constitution, a newspaper of general circulation, published in Atlanta, Georgia, an article, a copy of which is hereto attached; and it…

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Attachment for contempt. On October 7, 1912, the Court of Appeals passed an order as follows: "“It being made to appear to this court that Augustus W. Fite, one of the judges of the superior courts of this State, whose decisions are subject to review by this court, did write and cause to be published on October 5, 1912, in the Atlanta Daily Constitution, a newspaper of general circulation, published in Atlanta, Georgia, an article, a copy of which is hereto attached; and it further appearing that the said article was delivered to and read by the Judges of this court during the March term,…

1Opinion of the CourtHill, C. J.

In the performance of the obligation exclusively imposed upon it by the constitution of the State, this court was recently called 'upon to review the judgment of A. W. Fite, one of the judges of the superior court, in the case of McCullough v. State, ante, 612. After a most careful consideration of the record, the court concluded that three errors of law were committed by the trial judge which were prejudicial to the accused. These errors of law were not technical in character, but related to the merits of the *678case, especially the controlling issue as to the existence of a criminal intent;…

2Cases cited5 opinions

  1. State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
  2. Bradley v. State ex rel. Solicitor-GeneralSupreme Court of Georgia · 1900
  3. Robinson v. StateSupreme Court of Georgia · 1900
  4. Rose v. StateCourt of Appeals of Georgia · 1908
  5. R. M. Rose Co. v. StateSupreme Court of Georgia · 1909

3Cited by47 opinions

  1. Van Dyke v. Superior CourtArizona Supreme Court · 1922
  2. Ex Parte John D. CrewsSupreme Court of Florida · 1937
  3. State Ex Rel. Walker v. GiardinaWest Virginia Supreme Court · 1982
  4. McDougall v. SheridanIdaho Supreme Court · 1913
  5. Garland v. State of GeorgiaCourt of Appeals of Georgia · 1959

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