Rucker v. State

Court of Appeals of Georgia

Rucker v. State

210 S.E.2d 365, 133 Ga. App. 180, 1974 Ga. App. LEXIS 1008

CourtCourt of Appeals of Georgia

DecidedOctober 22, 1974

Docket49628

StatusPublished

Cited by3 cases

This text of 210 S.E.2d 365 (Rucker 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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Rucker v. State, 210 S.E.2d 365, 133 Ga. App. 180, 1974 Ga. App. LEXIS 1008 (Ga. Ct. App. 1974).

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Opinion

Bell, Chief Judge.

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 different 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 SE2d 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 SE2d 454).

Judgment affirmed.

Quillian and Clark, JJ., concur.

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