Williams v. State

Full title: WILLIAMS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 18, 1978

249 S.E.2d 694 (Ga. Ct. App. 1978)

249 S.E.2d 694

Opinion

56453.

SUBMITTED SEPTEMBER 19, 1978.

DECIDED OCTOBER 18, 1978.

Denial of pauper appeal. Fulton Superior Court. Before Judge McKenzie.

Herbert Shafer, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.

BIRDSONG, Judge.

Appellant's sole enumeration of error contends that the trial court erred in denying his motion to appeal in forma pauperis. Held:

1. "The ruling of the trial court on all issues of fact concerning the ability of a party to pay costs or give bond is final under the provisions of [Code Ann. § 24-3413] and is not subject to review. [Cit.]" Grace v. Caldwell, 231 Ga. 407, 409 ( 202 S.E.2d 49). See Code Ann. § 24-3413.

2. "The burden is on him who asserts error to show it affirmatively by the record." Roach v. State, 221 Ga. 783 (4) ( 147 S.E.2d 299). The record does not support appellant's contention.

Judgment affirmed. Bell, C. J., and Shulman, J., concur.

SUBMITTED SEPTEMBER 19, 1978 — DECIDED OCTOBER 18, 1978.