From Casetext: Smarter Legal Research

Seymour v. State

Court of Appeals of Georgia
Nov 17, 1977
240 S.E.2d 305 (Ga. Ct. App. 1977)

Opinion

54802.

ARGUED OCTOBER 31, 1977.

DECIDED NOVEMBER 17, 1977.

Criminal trespass. Chatham State Court. Before Judge Elmore.

Cletus W. Bergen, II, Joseph B. Bergen, for appellants.

Andrew J. Ryan, III, District Attorney, Hunter, Houlihan, MacLean, Exley, Dunn Connerat, Ralph O. Bowden, III, for appellee.


The defendants herein were each separately charged with the offense of hunting on the lands of another without permission. The cases were tried by the court sitting without a jury, and the defendants were found guilty and sentenced to serve a sentence of 12 months on probation. The trial was not reported or transcribed. Defendants attempted to prepare a stipulation of evidence from recollection as authorized by Code § 6-805 (g) (Ga. L. 1965, pp. 18, 24). However, the state did not agree to the reconstruction of the evidence as prepared by the defendants.

After a hearing the trial judge entered an order stating that he was unable to recall what transpired at the trial of the case. The defendants have appealed enumerating error contending that they have been effectively denied due process of law under both the State and Federal Constitutions and more specifically their right to appeal a criminal conviction where both the state and the defendants attempted unsuccessfully to reconstruct the record through recollection and agreement and where the trial court was unable to resolve the conflicts. Held:

No constitutional attack has been made upon Code Ann. § 6-805, supra, which is very voluminous with reference to how a transcript of the evidence and proceedings may be prepared. Nor do we find that the trial court ever ruled on the alleged constitutional attack as to the denial of due process of law in the preparation of the transcript as to the evidence and proceedings. Since this is a court alone for the correction of errors of law we cannot consider on appeal an alleged error which had not been urged before the trial court. See Ridley v. State, 141 Ga. App. 854 ( 234 S.E.2d 688); Kingston v. State, 127 Ga. App. 660, 661 ( 194 S.E.2d 675); Kitchens v. State, 228 Ga. 624 (1) ( 187 S.E.2d 268). Since the sole enumeration of error relates to no order or judgment in the trial court, the appeal presents nothing for our consideration.

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

ARGUED OCTOBER 31, 1977 — DECIDED NOVEMBER 17, 1977.


Summaries of

Seymour v. State

Court of Appeals of Georgia
Nov 17, 1977
240 S.E.2d 305 (Ga. Ct. App. 1977)
Case details for

Seymour v. State

Case Details

Full title:SEYMOUR et al. v. THE STATE

Court:Court of Appeals of Georgia

Date published: Nov 17, 1977

Citations

240 S.E.2d 305 (Ga. Ct. App. 1977)
240 S.E.2d 305

Citing Cases

Parker v. State

The statement of the testimony at trial submitted by defense counsel and approved by neither opposing counsel…

Thomas v. State

Appellant did not attack the constitutionality of Code Ann. § 6-805 in the lower court. Appellant's…