Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

SHELLS v. THE STATE.

SHULMAN, Chief Judge.

This 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.

Appellant 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 S.E.2d 204).

Defense 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.

Judgment affirmed. McMurray, P. J., and Birdsong, J., concur.

DECIDED OCTOBER 17, 1983.
Use AI to get other relevant cases.

Comments

SHELLS v. STATE
(Oct 17, 1983)