From Casetext: Smarter Legal Research

Calhoun v. State

Court of Appeals of Georgia
Apr 17, 1986
346 S.E.2d 131 (Ga. Ct. App. 1986)

Opinion

71625.

DECIDED APRIL 17, 1986.

D.U.I., etc. Toombs State Court. Before Judge Carpenter.

John H. Calhoun, Jr., pro se. David B. Pittman, Solicitor, for appellee.


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 Appellant'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 S.E.2d 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 S.E.2d 350) (1979)." Favors v. State, 173 Ga. App. 567 (1) ( 327 S.E.2d 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 S.E.2d 669). Consequently, we affirm.

Judgment affirmed. Carley and Pope, JJ., concur.

DECIDED APRIL 17, 1986.


Summaries of

Calhoun v. State

Court of Appeals of Georgia
Apr 17, 1986
346 S.E.2d 131 (Ga. Ct. App. 1986)
Case details for

Calhoun v. State

Case Details

Full title:CALHOUN v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 17, 1986

Citations

346 S.E.2d 131 (Ga. Ct. App. 1986)
346 S.E.2d 131