Huckaby v. State, 47776
| Decision Date | 05 February 1973 |
| Docket Number | No. 47776,No. 2,47776,2 |
| Citation | 128 Ga.App. 79,195 S.E.2d 688 |
| Parties | Lillian HUCKABY v. The STATE |
| Court | Georgia Court of Appeals |
Hester & Hester, Frank B. Hester, Richard M. Hester, Atlanta, for appellant.
Hinson McAuliffe, Sol., James L. Webb, Ernest J. Hughie, Frank A. Bowers, Atlanta, for appellee.
Syllabus Opinion by the Court
The defendant has filed a notice of appeal from a ruling of the trial court refusing to allow the introduction of evidence to 'correct' the trial transcript for the purpose of appeal under Code Ann. § 6-805(f, g).
Aside from the fact that the evidence concerned matters which did not transpire in the trial court, the appeal is over. The judgment was affirmed in this Court and two motions for rehearing have been considered and denied. Huckaby v. State, 127 Ga.App. 439, 194 S.E.2d 119. The rulings made there are binding and conclusive. Allen v. Schweigert, 113 Ga. 69, 38 S.E. 397; Code Ann. § 81A-160(h).
Appeal dismissed.
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Pike v. State
...evidence which was not presented at trial, and as such is not authorized by § 5-6-41(f) (Code Ann. § 6-805). Huckaby v. State, 128 Ga.App. 79, 195 S.E.2d 688 (1973); Scott v. Leder, 164 Ga.App. 334, 335(4), 297 S.E.2d 103 (1982). Thus, we are bound by the record of trial and cannot consider......
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Scott v. Leder, 64541
...at trial" and, accordingly, denied appellant's request. Based on the trial court's factual finding, we affirm. See Huckaby v. State, 128 Ga.App. 79, 195 S.E.2d 688. Judgment QUILLIAN, C.J., and CARLEY, J., concur. ...
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Huckaby v. State, 47915
...for appellee. Syllabus Opinion by the Court HALL, Presiding Judge. This appeal is dismissed for the reasons stated in Huckaby v. State, 128 Ga.App. 79, 195 S.E.2d 688. Appeal EVANS and CLARK, JJ., concur. ...