Staggers v. State

Decision Date05 December 1968
Docket Number24829.
Citation165 S.E.2d 300,224 Ga. 839
PartiesSTAGGERS v. THE STATE.
CourtGeorgia Supreme Court

Heyman & Sizemore, Benjamin H. Oehlert, III, for appellant.

Lewis R. Slaton, Solicitor General, J. Walter LeCraw, Tony H. Hight, for appellee.

PER CURIAM.

This case came to this court pursuant to writ of certiorari to the Court of Appeals. Staggers was convicted of and sentenced for molesting a minor child. His motion for a new trial was overruled on April 1, 1968. Thereafter, on April 10, 1968, he filed his notice of appeal to the Court of Appeals "from the judgment of conviction and sentence entered thereon on the 25 day September, 1967," and enumerated as error only the denial of his motion for a new trial. The Court of Appeals affirmed the "judgment on the verdict," basing its decision on Hill v. Willis, 224 Ga. 263 (161 SE2d 281) and Crowley v. State, 118 Ga. App. 7 (162 SE2d 299), and held that "where the appellant fails to appeal from the judgment overruling his motion for a new trial, the judgment and rulings on the motion for a new trial become the law of the case as to the grounds of the motion." See Staggers v. State, 118 Ga. App. 97 (162 SE2d 737). Since the decisions in Hill v. Willis, supra, and Bryan v. State, 224 Ga. 389, 390 (162 SE2d 349), neither of which is a full bench decision, we have in rulings made in Tiller v. State, 224 Ga. 645, 646 (164 SE2d 137) and Gainesville Stone Co. v. Parker, 224 Ga. 819, neither of which is a full bench decision, explained the rulings in Hill v. Willis, supra, and in Bryan v. State, supra, to the extent that where a motion for a new trial has been overruled, and the movant for a new trial does not appeal from the denial of his motion, but does appeal from a previous appealable judgment in the case in which the motion was filed he may prevent the overruling of his motion for a new trial from becoming the law of the case by enumerating the denial of the same as error. Therefore, we hold that the Court of Appeals erred in affirming the "judgment on the verdict" without considering the merits of the grounds of the appellant's motion for a new trial.

Judgment reversed. All the Justices concur, except Frankum, J., who dissents.

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7 cases
  • McLendon v. State
    • United States
    • Georgia Court of Appeals
    • January 21, 1971
    ...controlling authority. See Hill v. Willis, 224 Ga. 263(4), 161 S.E.2d 281; Tiller v. State, 224 Ga. 645, 164 S.E.2d 137; Staggers v. State, 224 Ga. 839, 165 S.E.2d 300; Styles v. State, 225 Ga. 731(1), 171 S.E.2d 310. Whether or not the Georgia court of last resort will follow the above rul......
  • Denham v. Shellman Grain Elevator, Inc.
    • United States
    • Georgia Court of Appeals
    • March 18, 1971
    ...holding. Tiller v. State, 224 Ga. 645, 164 S.E.2d 137; Gainesville Stone Co. v. Parker, 224 Ga. 819, 165 S.E.2d 296; Staggers v. State, 224 Ga. 839, 165 S.E.2d 300. Its holding is limited to a situation where the motion for new trial has been overruled and there is no enumeration of error o......
  • Dawson v. Garner
    • United States
    • Georgia Court of Appeals
    • March 10, 1969
    ...of appeal from other appealable judgments and enumerating as error the ruling on the motion for new trial.' Also, see Staggers v. State, 224 Ga. 839, 165 S.E.2d 300. It is noted that the appellant went on to enumerate as error number 2 the exception to the charge which was specifically incl......
  • Byers v. Lieberman, 47206
    • United States
    • Georgia Court of Appeals
    • July 5, 1972
    ...Tiller v. State, 224 Ga. 645, 646, 164 S.E.2d 137; Gainesville Stone Co. v. Parker, 224 Ga. 819, 821, 165 S.E.2d 296; Staggers v. State, 224 Ga. 839, 165 S.E.2d 300. It is now clear that a losing party may prevent the judgment overruling a motion for new trial from becoming the 'law of the ......
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