Duke v. State

Full title: DUKE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 21, 1980

265 S.E.2d 73 (Ga. Ct. App. 1980)

265 S.E.2d 73

Opinion

58644.

SUBMITTED OCTOBER 17, 1979.

DECIDED JANUARY 21, 1980.

Revocation of probation. Floyd Superior Court. Before Judge Foster, Senior Judge.

Robert J. Evans, for appellant.

F. Larry Salmon, District Attorney, for appellee.

SMITH, Judge.

"In lieu of sending up a transcript of record, the parties may by agreement file a stipulation of the case showing how the questions arose and were decided in the trial court, together with a sufficient statement of facts to enable the appellate court to pass upon the questions presented therein. Before being transmitted to the appellate court, the stipulation shall be approved by the trial judge or the presiding judge of the court where the case is pending." (Emphasis supplied.) Ga. L. 1965, pp. 18, 24 (Code Ann. § 6-805 (i)). Although a stipulation of fact has been filed in this case, it has not been approved as required by law. All enumerations of error requiring a consideration of the evidence are therefore without merit. Holloway v. Poppell, 114 Ga. App. 531 ( 152 S.E.2d 4) (1966); Nixdorf Enterprises v. Bell, 127 Ga. App. 617 ( 194 S.E.2d 486) (1972). Since all of appellant's enumerations of error relate to evidentiary errors allegedly committed in the proceeding below, the judgment must be affirmed.

Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.

SMITH, Judge.

SUBMITTED OCTOBER 17, 1979 — DECIDED JANUARY 21, 1980.