Stephens v. State, 44321
| Decision Date | 16 April 1969 |
| Docket Number | No. 1,No. 44321,44321,1 |
| Citation | 168 S.E.2d 333,119 Ga.App. 674 |
| Parties | Freddie G. STEPHENS et al. v. The STATE |
| Court | Georgia Court of Appeals |
Allyn M. Wallace, Savannah, for appellants.
No appearance, for appellee.
Syllabus Opinion by the Court
The three appellants were convicted of violations of the game laws of this State. After announcing ready for trial and after the jury was impaneled and sworn, the defendants made a motion to suppress certain evidence. The trial judge had a hearing thereon and overruled the motion. A transcript of the evidence adduced on the motion, held outside the presence of a jury, is the only transcript sent to this court. This transcript is certified by the reporter as the only portion requested by the appellants. The certificate of the clerk to this transcript indicates that there is no additional transcript on file in his office. There being no transcript of the evidence adduced upon the trial, we can not determine whether the evidence sought to be suppressed was actually introduced before the jury, and unless it was introduced, the overruling of the motion to suppress the evidence was harmless, even if error. Under these circumstances, the case must be affirmed as to the alleged error in suppressing the evidence and as to the alleged error that the evidence was insufficient to support the verdict. See Bass v. State, 117 Ga.App. 89, 159 S.E.2d 299.
Judgment affirmed.
The appellant filed a motion for rehearing and sent with his motion to the clerk of this court what purports to be a certificate signed by the judge of the lower court, but not filed therein, stating Whether, under Sections 10 and 13 of the Appellate Practice Act of 1965, as amended (Ga.L.1965, pp. 24, 29; Code Ann. §§ 6-805, 6-809), a certificate of the trial judge, not filed in the lower court and transmitted as a part of the record, can be considered by this court in deciding the case in the absence of a showing that the trial of the case was not reported, we do not decide. See in this connection Ponce de Leon Properties v. Fulton Cotton Mills, 116 Ga.App. 205, 156 S.E.2d 487. Even conceding, for the purposes of this case, that the evidence sought to be suppressed was introduced into evidence at the trial, the burden is upon the appellant to show harmful error....
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