Rucker v. State, 49628
| Decision Date | 22 October 1974 |
| Docket Number | No. 49628,No. 1,49628,1 |
| Parties | Sam RUCKER v. The STATE |
| Court | Georgia Court of Appeals |
Culpepper & Culpepper, Sampson M. Culpepper, Ft. Valley, for appellant.
Fred M. Hasty, Dist. Atty., Stephen Pace, Jr., Asst. Dist. Atty., Macon, for appellee.
Syllabus Opinion by the Court
The defendant was convicted by a jury of two accusations of selling liquor in a dry county. The court sentenced him to 12 months confinement on each accusation to run consecutively. An incomplete transcript of the evidence has been included in the record on appeal. Held:
1. Conviction of this crime authorizes misdemeanor punishment. Code § 58-123; Code Ann. § 27-2506. The crimes were alleged and admitted in appellant's brief to have occurred at dirrerent times but on the same day. Thus they were separate ones authorizing a separate penalty as to each. As the respective sentences were not greater than the maximum sentence provided by law, they are not excessive. Jones v. State, 219 Ga. 848, 136 S.E.2d 358.
2. The other enumeration of error concerns a part of the charge to the jury. To properly evaluate this claim of error requires a consideration of all the evidence. As only an incomplete transcript has been submitted on appeal, we cannot review this enumeration. See Brown v. State, 223 Ga. 540, 156 S.E.2d 454.
Judgment affirmed.
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...the transcript as provided by Code Ann. § 6-805. In the absence of a transcript this enumeration cannot be reviewed. Rucker v. State, 133 Ga.App. 180(2), 210 S.E.2d 365. Judgment affirmed. DEEN, P.J., and QUILLIAN, J., concur. 1 Division 4 of this case was overruled by the Supreme Court in ......
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...court has nothing to review without such transcript. Brown v. State, 223 Ga. 540, 541(2), 156 S.E.2d 454 (1967); Rucker v. State, 133 Ga.App. 180(2), 210 S.E.2d 365 (1974). We do point out that "the purpose of Code Ann. § 27-2503(a) is to allow a defendant to examine his record to determine......
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