Public-domain · open source
OpenJurist

168 Ga. App. 442

Shells v. State

Court of Appeals of Georgia

Decided October 17, 1983

Court of Appeals of Georgia · decided 1983-10-17

Relies on 137 Ga. App. 116 - Mahar v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1983-10-17

How this case has been cited

Cited by 9 later decisions — most recently March 2004

9 state decisions

70198319902000decided

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.

View the full empirical analysis of this case →

Shulman, Chief Judge.

¶1This appeal is from appellant’s conviction for driving under the influence of alcohol, leaving the scene of an accident, and failing to have liability insurance.

¶2Appellant alleges that the prosecuting attorney, during closing argument, referred to the defendant’s failure to testify. However, the transcript of the trial shows that appellant’s counsel chose not to have the arguments of counsel recorded until after the allegedly prejudicial remark. “This court cannot consider asserted errors which are not supported by the record. [Cits.] There being no transcript of what the remarks were, we cannot consider this enumerated error.” Mahar v. State, 137 Ga. App. 116, 117 (223 SE2d 204).

¶3Defense counsel also objected to subsequent remarks of the prosecuting attorney concerning appellant’s failure to produce witnesses to rebut the state’s evidence. Those “remarks were permissible comments on the defense’s failure to adduce evidence in rebuttal to the state’s evidence. [Cits.]” Id.

¶4Judgment affirmed.

McMurray, P. J., and Birdsong, J., concur.
/168/gaapp/442 · .json · Public domain