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Calhoun v. State

346 S.E.2d 131, 178 Ga. App. 772, 1986 Ga. App. LEXIS 1774
CourtCourt of Appeals of Georgia
DecidedApril 17, 1986
Docket71625
StatusPublished

This text of 346 S.E.2d 131 (Calhoun 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
Calhoun v. State, 346 S.E.2d 131, 178 Ga. App. 772, 1986 Ga. App. LEXIS 1774 (Ga. Ct. App. 1986).

Opinion

McMurray, Presiding Judge.

Defendant was convicted of driving while under the influence of alcohol and improper use of roadways laned for traffic and now brings this appeal. Held:

In his enumerations of error, defendant contends the trial court “erred in denying Appéllant’s Motion to Suppress . . . erred in overruling defendant’s objections during trial to the admission of the results of the State administered breath test [and] the verdict was contrary to the weight of evidence.”

“Under Roach v. State, 221 Ga. 783 (4) (147 SE2d 299) (1966), ‘(t)he burden is on him who asserts error to show it affirmatively by the record.’ Where there is no transcript of evidence before the court, we must assume that the evidence authorized the ruling below. Moore v. State, 151 Ga. App. 413 (260 SE2d 350) (1979).” Favors v. State, 173 Ga. App. 567 (1) (327 SE2d 543). There being no transcript before this court “we cannot consider enumerations of error based on the evidence and proceedings at trial. [Cits.]” Ward v. State, 175 Ga. App. 410, 411 (3) (333 SE2d 669). Consequently, we affirm.

Judgment affirmed.

Carley and Pope, JJ., concur.

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Related

Roach v. State
147 S.E.2d 299 (Supreme Court of Georgia, 1966)
Favors v. State
327 S.E.2d 543 (Court of Appeals of Georgia, 1985)
Ward v. State
333 S.E.2d 669 (Court of Appeals of Georgia, 1985)
Moore v. State
260 S.E.2d 350 (Court of Appeals of Georgia, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
346 S.E.2d 131, 178 Ga. App. 772, 1986 Ga. App. LEXIS 1774, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoun-v-state-gactapp-1986.