Stephens v. State

168 S.E.2d 333, 119 Ga. App. 674, 1969 Ga. App. LEXIS 1209

Opinions

Pannell, Judge.

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 a,s 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 SE2d 299).

Judgment affirmed.

Felton, C. J., and Quillian, J., concur. Submitted March 3, 1969 Decided April 16, 1969 Rehearing denied May 14, 1969. Allyn M. Wallace, for appellants.