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119 Ga. App. 674

168 S.E.2d 333

Stephens v. State

Court of Appeals of Georgia

Decided April 16, 1969

Court of Appeals of Georgia · decided 1969-04-16

Relies on Bass v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1969-04-16

How this case has been cited

Cited by 10 later decisions — most recently July 2007

8 state decisions

3019691970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pannell, Judge.

¶1The three appellants were convicted of violations of the game laws of this State. After announcing ready for trial and after the jury was impaneled and sworn, the defendants made a motion to suppress certain evidence. The trial judge had a hearing thereon and overruled the motion. A transcript of the evidence adduced on the motion, held outside the presence of a jury, is the only transcript sent to this court. This transcript is certified by the reporter a,s the only portion requested by the appellants. The certificate of the clerk to this transcript indicates that there is no additional transcript on file in his office. There being no transcript of the evidence adduced upon the trial, we can not determine whether the evidence sought to be suppressed was actually introduced before the jury, and unless it was introduced, the overruling of the motion to suppress the evidence was harmless, even if error. Under these circumstances, the case must be affirmed as to the alleged error in suppressing the evidence and as to the alleged error that the evidence was insufficient to support the verdict. See Bass v. State, 117 Ga. App. 89 (159 SE2d 299).

¶2Judgment affirmed.

Felton, C. J., and Quillian, J., concur.*675Submitted March 3, 1969Decided April 16, 1969Rehearing denied May 14, 1969.Allyn M. Wallace, for appellants.
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