Opinion
22048.
ARGUED MAY 14, 1963.
DECIDED MAY 29, 1963.
Habeas corpus. Fulton Superior Court. Before Judge Moore.
Chester E. Wallace, for plaintiff in error.
William T. Boyd, Solicitor General, Eugene L. Tiller, contra.
A review of the judgment assigned as error here requires a consideration of the evidence, which is neither set forth in the bill of exceptions, attached to it as an exhibit and properly identified by the trial judge, nor embodied in a brief or transcript of evidence approved by the trial judge and sent up as a part of the record. Accordingly, since the burden is upon the party assigning error to show it affirmatively by the record, the judgment complained of is assumed to be correct and must be affirmed. Attaway v. Duncan, 206 Ga. 230 ( 56 S.E.2d 269); Cobb v. DeLong, 216 Ga. 794 ( 120 S.E.2d 177).
Judgment affirmed. All the Justices concur.