Walker v. State

Full title: WALKER v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 13, 1982

294 S.E.2d 717 (Ga. Ct. App. 1982)

294 S.E.2d 717

Opinion

64083.

DECIDED SEPTEMBER 13, 1982. REHEARING DENIED OCTOBER 4, 1982.

Simple battery. Fulton State Court. Before Judge Bruner.

Willie C. Walker, pro se. Hinson McAuliffe, Solicitor General, Paul C. McCommon III, Assistant Solicitor, for appellee.

SOGNIER, Judge.

Appellant was found guilty of two counts of simple battery in a bench trial. He filed this appeal prose; however, there is no transcript of the trial, no transcript prepared by recollection and no stipulation of facts as authorized by Code Ann. §§ 6-805 (g) and (i).

"There is a presumption, in the absence of a showing to the contrary, that a public official, including a trial judge, performed faithfully and lawfully the duties devolving upon him by law. [Cit.] And, an appeal with enumerations of error dependant upon consideration of evidence heard by the trial court, will — absent a transcript, be affirmed. [Cit.]." Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978); Walker v. State, 153 Ga. App. 831 ( 266 S.E.2d 580) (1980).

We have, however, examined the record carefully and find no errors of law.

Judgment affirmed. Deen, P. J., and Pope, J., concur.

DECIDED SEPTEMBER 13, 1982 — REHEARING DENIED OCTOBER 4, 1982 — CERT. APPLIED FOR.