Morgan v. State
| Decision Date | 03 July 1946 |
| Docket Number | 15552. |
| Citation | 38 S.E.2d 810,201 Ga. 65 |
| Parties | MORGAN v. STATE. |
| Court | Georgia Supreme Court |
James R. Venable, Frank A. Bowers, and Frank T. Grizzard, all of Atlanta, for plaintiff in error.
Roy Leathers, Sol. Gen., of Decatur, Eugene Cook, Atty. Gen., and Margaret Hartson, and Henry N. Payton, both of Atlanta, for defendant in error.
Syllabus Opinion by the Court.
J. H. Morgan was indicted in the superior court of DeKalb County for rape, and on his trial for that offense a jury returned the following verdict: 'We, the jury, find the defendant guilty of assault with intent to rape and fix his punishment at a minimum of 4 years and a maximum of 8 years.' Thereupon he was duly sentenced by the court. While the bill of exceptions recites, 'The jury returned a verdict finding the defendant guilty, recommending mercy and fixing his sentence not less than _____ years minimum and _____ years maximum,' and the trial judge certified the bill of exceptions to be true, it is well-settled law in this State that, where there is a conflict between the allegations of the bill of exceptions and the record, the record controls. Heath v. Miller, 197 Ga. 443(1), 29 S.E.2d 416; Johnson v. Sherrer, 197 Ga. 392, 398, 29 S.E.2d 581. Since it does not appear from the record that the defendant has been convicted of a capital offense or that this court otherwise has jurisdiction, jurisdiction is in the Court of Appeals and not in this court, and the case is hereby
Transferred to the Court of Appeals.
All the Justices concur.
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Jarrell v. State
...a capital felony', Code Ann. § 2-3704. Although 'conviction of a capital felony' is critical to this court's jurisdiction, Morgan v. State, 201 Ga. 65, 38 S.E.2d 810, once the conviction is shown, then this court has jurisdiction of that 'case,' including all counts of the indictment on whi......
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Robinson v. State, 17826
...cases as such only when there has been a conviction of a capital felony. Loomis v. State, 203 Ga. 394, 47 S.E.2d 58; Morgan v. State, 201 Ga. 65, 38 S.E.2d 810; art. 6, sec. 2, par. 4, Constitution of 1945, Code Ann. § 2-3704. 2. While the foregoing clause of the Constitution gives the Supr......