Hughes v. State

Court of Appeals of Georgia

Hughes v. State

2 S.E.2d 513, 59 Ga. App. 885, 1939 Ga. App. LEXIS 434

CourtCourt of Appeals of Georgia

DecidedApril 6, 1939

Docket27390

StatusPublished

This text of 2 S.E.2d 513 (Hughes 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.

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Hughes v. State, 2 S.E.2d 513, 59 Ga. App. 885, 1939 Ga. App. LEXIS 434 (Ga. Ct. App. 1939).

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Opinion

MacIntyre, J.

James Hughes was convicted of robbery. To the overruling of his motion for new trial he excepted.

The Code, § 27-2401, declares that “On the trial of all felonies the presiding judge shall have the testimony taken down, and, when directed' by the judge, the court reporter shall exactly and truly record, or take stenographic notes of, the testimony and pro[886]*886ceedings in the case, except the argument of counsel.” Thereafter this section relates only to the testimony so taken .down by the court reporter. The only exception not expressly abandoned by the defendant in this case is that “since the said trial the reporter has lost his stenographic notes of the charge of the court in said case, and has therefore been unable to and has not written up or filed the charge of the court in the said case.” There is nothing in the record to show that the judge ordered the taking down of his charge by the court reporter, or the recording of,the same; and even if he had done so, in the absence of a timely written request to charge, as provided in tire Code, § 81-1101, the defendant can not assert more in reference to the charge than the judge is willing to concede. A failure to file or furnish the charge was a question resting solely with the judge. The record discloses no legal error. Jones v. State, 65 Ga. 506, 512; Terry v. Drew, 143 Ga. 473 (85 S. E. 314); Brown v. Atlanta, 66 Ga. 71, 76; Campbell v. Walker, 20 Ga. App. 88 (4) (92 S. E. 545); Pratt v. State, 38 Ga. App. 114 (142 S. E. 903). See Bowden v. Achor, 95 Ga. 243 (13), 263 (22 S. E. 254); Western & Atlantic R. Co. v. Callaway, 111 Ga. 889 (36 S. E. 967); Lambert Hoisting Engine Co. v. Bray, 127 Ga. 452 (56 S. E. 513).

Judgment affirmed.

Broyles, C. J., and Guerry, J., concur.

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MacIntyre, J.

James Hughes was convicted of robbery. To the overruling of his motion for new trial he excepted.

The Code, § 27-2401, declares that “On the trial of all felonies the presiding judge shall have the testimony taken down, and, when directed' by the judge, the court reporter shall exactly and truly record, or take stenographic notes of, the testimony and pro[886]*886ceedings in the case, except the argument of counsel.” Thereafter this section relates only to the testimony so taken .down by the court reporter. The only exception not expressly abandoned by the defendant in this case is that “since the said trial the reporter has lost his stenographic notes of the charge of the court in said case, and has therefore been unable to and has not written up or filed the charge of the court in the said case.” There is nothing in the record to show that the judge ordered the taking down of his charge by the court reporter, or the recording of,the same; and even if he had done so, in the absence of a timely written request to charge, as provided in tire Code, § 81-1101, the defendant can not assert more in reference to the charge than the judge is willing to concede. A failure to file or furnish the charge was a question resting solely with the judge. The record discloses no legal error. Jones v. State, 65 Ga. 506, 512; Terry v. Drew, 143 Ga. 473 (85 S. E. 314); Brown v. Atlanta, 66 Ga. 71, 76; Campbell v. Walker, 20 Ga. App. 88 (4) (92 S. E. 545); Pratt v. State, 38 Ga. App. 114 (142 S. E. 903). See Bowden v. Achor, 95 Ga. 243 (13), 263 (22 S. E. 254); Western & Atlantic R. Co. v. Callaway, 111 Ga. 889 (36 S. E. 967); Lambert Hoisting Engine Co. v. Bray, 127 Ga. 452 (56 S. E. 513).

Judgment affirmed.

Broyles, C. J., and Guerry, J., concur.

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2 S.E.2d 513, 59 Ga. App. 885, 1939 Ga. App. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-gactapp-1939.

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