Zachary v. State
| Decision Date | 03 January 1980 |
| Docket Number | No. 35348,35348 |
| Citation | 245 Ga. 2,262 S.E.2d 779 |
| Parties | ZACHARY v. The STATE. |
| Court | Georgia Supreme Court |
Robert T. Efurd, Jr., Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Richard E. Hicks, Asst. Dist. Atty., for appellee.
The appellant was convicted on three counts of a four-count indictment charging him with violations of the Controlled Substances Act. The trial court granted his motion for directed verdict as to Count 1 of the indictment, but denied his motion for directed verdict as to the remaining counts. However, the court reporter did not report the proceedings on the appellant's motion for directed verdict, in violation of Code Ann. § 6-805(d) (Ga.L.1965, pp. 18, 24).
On appeal, the Court of Appeals nonetheless affirmed the appellant's conviction, on the ground that he had failed to show how he was harmed by the failure to report his motion for directed verdict and the trial court's ruling thereon. We granted certiorari.
Code Ann. § 6-805(d) provides that, "Where a trial in any civil or criminal case is reported by a court reporter, all motions, colloquies, objections, rulings, all evidence whether admitted or stricken on objection or otherwise copies or summaries of all documentary evidence, the charge of the court, and all other proceedings which may be called in question on appeal or other post-trial procedure shall be reported, and where the report is transcribed, all such matter shall be included in the written transcript, it being the intention of this law that all these matters appear in the record, rather than in assignments of error on appeal or otherwise, which are abolished by this law."
Code Ann. § 6-805(f) establishes a procedure whereby a party who contends that the transcript of record does not truly or fully disclose what transpired in the trial court can have the record completed: (Emphasis supplied.) See also Code Ann. § 6-805(g) ().
In this case, the parties are not in disagreement as to what transpired in the trial court. It is undisputed that the appellant made the motion for directed verdict, which was granted as to Count 1 but denied as to the other counts. In the motion for new trial, the appellant argued that the trial court erred in denying his motion for directed verdict as to the remaining counts, because the state's evidence showed that he had been entrapped. But, this issue can be resolved by looking to the remaining portions of the transcript. Therefore, it can not be said that anything material to ...
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Carr v. State
...party is omitted from the record, the omission may be corrected and, if necessary, a supplemental record filed. Zachary v. State, 245 Ga. 2(2), 262 S.E.2d 779 (1980). Evidence never actually admitted at trial cannot properly become part of the record on appeal pursuant to OCGA § 5-6-41(f). ......
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Glass v. the State.
...in the trial court, the burden is on the complaining party to have the record completed pursuant to OCGA § 5–6–41. Zachary v. State, 245 Ga. 2, 4, 262 S.E.2d 779 (1980); Womack v. State, 223 Ga.App. 82(1), 476 S.E.2d 767 (1996) (transcript of hearing on pre-trial bond); Ivory v. State, supr......
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Whitt v. State, A94A1501
...burden is on the complaining party to have the record completed in the trial court under the provisions of OCGA § 5-6-41. Zachary v. State, 245 Ga. 2, 4, 262 S.E.2d 779; Shaw v. State, 201 Ga.App. 438, 439(1), 411 S.E.2d 534." Thomas v. State, 208 Ga.App. 367(1), 430 S.E.2d 768. In the case......
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Spears v. State
...be resolved by looking to the remaining portions of the trial transcript, and any omission of the exhibit has not harmed Spears. See Zachary, 245 Ga. at 4; see Brockman, 292 Ga. at 716 (5) (b). 5. Ineffective assistance. Spears, Husband, Banks, and Denham were charged in a single indictment......