Meriwether v. State, No. 13097.
| Court | Georgia Supreme Court |
| Writing for the Court | ATKINSON, Presiding Justice |
| Citation | 189 Ga. 746,8 S.E.2d 72 |
| Parties | MERIWETHER . v. STATE. |
| Decision Date | 13 March 1940 |
| Docket Number | No. 13097. |
8 S.E.2d 72
189 Ga. 746
MERIWETHER .
v.
STATE.
No. 13097.
Supreme Court of Georgia.
March 13, 1940.
Error from Superior Court, Fulton County; Walter C. Hendrix, Judge.
One Meriwether was convicted of robbery by intimidation, and he brings error. Transferred to the Court of Appeals.
F. Joe Turner, Jr., and W. Dewey Smith, both of Atlanta, for plaintiff in error.
John A. Boykin, Sol. Gen, J. Walter LeCraw, Quincy Arnold, and E. A. Stephens, all of Atlanta, for defendant in error.
ATKINSON, Presiding Justice.
1. The only questions as to violations of the State and Federal constitutions are shown by the allegations of the plea in abatement and the special grounds of the motion for a new trial. They do not relate to the constitutionality of any State or Federal law, nor do they involve construction of any constitutional provision directly in question, and doubtful either under its own terms or under the decisions of the Supreme Court of the State or of the United States. United States Fidelity & Guaranty Co. v. Edmondson, 174 Ga. 895, 164 S.E. 773; Howell v. State, 153 Ga. 201, 111 S.E. 675; Thompson v. State, 174 Ga. 804, 164 S.E. 202; Gulf Paving Co. v. Atlanta, 149 Ga. 114, 99 S.E. 374.
2. "Verdicts are to have a reasonable intendment, and are to receive a reasonable construction." Code, § 27-2301. "Verdicts are to be construed in the light of the pleadings, the issues made by the evidence, and the charge of the court." Swain v. Georgia Power & Light Co, 46 Ga.App. 794, 169 S.E. 249, 251. Accordingly, where, as in the present case, one is tried on an indictment charging him with the offense of robbery by force and by in-
[8 S.E.2d 73]timidation, and after the evidence has been adduced the judge submits to the jury only the question whether the defendant is guilty of the offense of robbery by intimidation, a general verdict of guilty will be construed as convicting the accused only of the lesser offense of robbery by intimidation. Johnson v. State, 121 Ga. 143, 48 S.E. 951; Hall v. State, 43 Ga.App. 224, 158 S.E. 357; Davis v. State, 47 Ga.App. 706, 171 S.E. 401. In such case, the defendant is not convicted of "a capital felony" within the meaning of the constitutional provision relating to jurisdiction of the Supreme Court (Const. art. 6, § 2, par. 5, Code, § 2-3005), and the act of 1937 (Ga.L.1937, p. 490, Ga.Code Annotated, 1939 Supp. § 26-2502), providing that "Robbery by open force or violence shall be punished by...
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Alropa Corp. v. Pomerance, No. 13050
...it is, by the weight of authority, regarded as the covenant of such person by reason of his acceptance of the conveyance, though there[8 S.E.2d 72]are well considered opinions to the contrary." "A contract may be formed by accepting a paper containing terms." 13 C.J. 277, § 7......
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Meriwether v. State, No. 28423.
...of robbery by force and intimidation and he brought error to the Supreme Court, which transferred the proceedings to the Court of Appeals, 189 Ga. 746, 8 S.E.2d 72. Affirmed.. F. Joe Turner, W. Dewey Smith, both of Atlanta, for plaintiff in error. John A. Boykin, Sol. Gen., J. W. Le Craw, b......
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Mika v. State, Nos. 14580, 14581.
...less than two years nor more than twenty years, and the jurisdiction of which is therefore in the Court of Appeals. Meriwether v. State, 189 Ga. 746(2, 3), 8 S.E.2d 72. Here the indictment charged that the robbery was committed not only "fraudulently" but "by force and violen......
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Cross v. State, No. 46295
...Swain v. Ga. Power & Light Co., 46 Ga.App. 794, 169 S.E. 249; Lawson v. State, 52 Ga.App. 181(1), 182 S.E. 820; Meriwether v. State, 189 Ga. 746(2), 8 S.E.2d 72. Prior to the effective date of the new criminal code of Georgia (July 1, 1969) conspiracy to commit a crime was not a crime i......
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Alropa Corp. v. Pomerance, No. 13050
...it is, by the weight of authority, regarded as the covenant of such person by reason of his acceptance of the conveyance, though there[8 S.E.2d 72]are well considered opinions to the contrary." "A contract may be formed by accepting a paper containing terms." 13 C.J. 277, § 76. See also 1 R......
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Meriwether v. State, No. 28423.
...of robbery by force and intimidation and he brought error to the Supreme Court, which transferred the proceedings to the Court of Appeals, 189 Ga. 746, 8 S.E.2d 72. Affirmed.. F. Joe Turner, W. Dewey Smith, both of Atlanta, for plaintiff in error. John A. Boykin, Sol. Gen., J. W. Le Craw, b......
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Mika v. State, Nos. 14580, 14581.
...less than two years nor more than twenty years, and the jurisdiction of which is therefore in the Court of Appeals. Meriwether v. State, 189 Ga. 746(2, 3), 8 S.E.2d 72. Here the indictment charged that the robbery was committed not only "fraudulently" but "by force and violence" and "with f......
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Cross v. State, No. 46295
...569; Swain v. Ga. Power & Light Co., 46 Ga.App. 794, 169 S.E. 249; Lawson v. State, 52 Ga.App. 181(1), 182 S.E. 820; Meriwether v. State, 189 Ga. 746(2), 8 S.E.2d 72. Prior to the effective date of the new criminal code of Georgia (July 1, 1969) conspiracy to commit a crime was not a crime ......