Home/Court of Appeals of Georgia/Phelps v. State

Phelps v. State

203 S.E.2d 320, 130 Ga. App. 344, 1973 Ga. App. LEXIS 1318
CourtCourt of Appeals of Georgia
DecidedNovember 8, 1973
Docket48553
StatusPublished
Cited by11 cases

This text of 203 S.E.2d 320 (Phelps v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phelps v. State, 203 S.E.2d 320, 130 Ga. App. 344, 1973 Ga. App. LEXIS 1318 (Ga. Ct. App. 1973).

Opinion

Pannell, Judge.

1. Exceptions to the overruling of a plea of former jeopardy cannot be raised in a motion for a new trial. Denson v. State, 209 Ga. 355 (1) (72 SE2d 725).

2. The plea of former jeopardy is a personal privilege and may be waived, and going to trial without filing any plea of former jeopardy or invoking any action on such plea amounts to a waiver of such privilege. Key v. State, 84 Ga. App. 599, 600 (66 SE2d 773).

3. There is no enumeration of error on double jeopardy or res judicata. Therefore, this court is not authorized to pass upon these questions. As was said by Chief Justice Almand in Hess Oil &c. Corp. v. Nash, 226 Ga. 706, 709 (177 SE2d 70): "We do not know of any law or rule of practice and procedure that authorizes the Court of Appeals or this court to examine the entire record and grant a new trial upon a ground of their own making and not upon a ground specified by the appellant. The duty of the appellate court is to correct errors alleged to have been made in the trial court and not to manufacture them.”

4. The evidence is sufficient to support the verdict.

Judgment affirmed.

Eberhardt, P. J., and Stolz, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

William Riddick v. State
Court of Appeals of Georgia, 2013
Riddick v. State
740 S.E.2d 244 (Court of Appeals of Georgia, 2013)
Ramirez v. State
456 S.E.2d 657 (Court of Appeals of Georgia, 1995)
Taylor v. State
366 S.E.2d 422 (Court of Appeals of Georgia, 1988)
Williams v. State
344 S.E.2d 247 (Court of Appeals of Georgia, 1986)
Sunn v. Trophy Marine, Inc.
334 S.E.2d 884 (Court of Appeals of Georgia, 1985)
Clark v. State
240 S.E.2d 270 (Court of Appeals of Georgia, 1977)
Hooks v. State
226 S.E.2d 765 (Court of Appeals of Georgia, 1976)
King v. State
211 S.E.2d 363 (Court of Appeals of Georgia, 1974)
City of Jonesboro v. Clayton County Water Authority
205 S.E.2d 475 (Court of Appeals of Georgia, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
203 S.E.2d 320, 130 Ga. App. 344, 1973 Ga. App. LEXIS 1318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-state-gactapp-1973.