Ferguson v. State

Decision Date01 May 1961
Docket NumberNo. 20446,20446
Citation216 Ga. 794,120 S.E.2d 123
PartiesBilly FERGUSON v. STATE.
CourtGeorgia Supreme Court

Error from Superior Court, Douglas County.

Paul James Maxwell, Atlanta, for plaintiff in error.

Dan Winn, Sol. Gen., Cedartown, John T. Perren, Asst. Sol. Gen., Dallas, Robert J. Noland, Eugence B. Brown, Douglasville, Eugene Cook, Atty. Gen., Rubye G. Jackson, Deputy Asst. Atty. Gen., for defendant in error.

Syllabus Opinion by the Court

PER CURIAM.

The Supreme Court of the United States having reversed on March 27, 1961, 81 S.Ct. 756, the decision and judgment of this court in Ferguson v. State, 215 Ga. 117, 109 S.E.2d 44, it is hereby ordered that the judgment of the Supreme Court of the United States be and the same is hereby made the judgment of this court; and in consequence thereof the judgment of the Superior Court of Douglas County is

Reversed.

All the Justices concur.

To continue reading

Request your trial
4 cases
  • Ferguson v. State
    • United States
    • Georgia Supreme Court
    • May 9, 1963
    ...109 S.E.2d 44, reversed in Ferguson v. State of Georgia, 365 U.S. 570, 81 S.Ct. 756, 5 L.Ed.2d 783, judgment conformed in Ferguson v. State, 216 Ga. 794, 120 S.E.2d 123; see also Ferguson v. State, 218 Ga. 173, 126 S.E.2d The evidence on this trial was substantially the same as that present......
  • Ferguson v. State
    • United States
    • Georgia Supreme Court
    • July 11, 1962
    ...570, 81 S.Ct. 756, 5 L.Ed.2d 783. The judgment of reversal by the Supreme Court was duly made the judgment of this court. Ferguson v. State, 216 Ga. 794, 120 S.E.2d 123. Ferguson was again tried, convicted, and sentenced to death by electrocution. His motion for a new trial as amended was d......
  • Cobb v. De Long
    • United States
    • Georgia Supreme Court
    • May 9, 1961
    ... ...         The burden is upon him asserting error to show it affirmatively by the record, Smith v. State, 203 Ga. 636, 47 S.E.2d 866; and where, as here, the errors complained of require consideration of the evidence, this can be done only by ... ...
  • Middlebrooks v. State
    • United States
    • Georgia Court of Appeals
    • April 5, 1963
    ...v. State, 107 Ga.App. 217, 129 S.E.2d 572. See also Ferguson v. Georgia, 365 U.S. 570, 81 S.Ct. 756, 5 L.Ed.2d 783, adhered to, 216 Ga. 794, 120 S.E.2d 123. (a) The trial court erred in overruling the defendant's amended motion for new trial, based solely on the ground that the trial court ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT