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WALKER v. STATE

Court of Appeals of Georgia.
Sep 13, 1982
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SOGNIER, Judge.

Appellant was found guilty of two counts of simple battery in a bench trial. He filed this appeal prose; however, there is no transcript of the trial, no transcript prepared by recollection and no stipulation of facts as authorized by Code Ann. §§ 6-805 (g) and (i).

"There is a presumption, in the absence of a showing to the contrary, that a public official, including a trial judge, performed faithfully and lawfully the duties devolving upon him by law. [Cit.] And, an appeal with enumerations of error dependant upon consideration of evidence heard by the trial court, will — absent a transcript, be affirmed. [Cit.]." Curry v. State, 148 Ga. App. 59 ( 251 S.E.2d 86) (1978); Walker v. State, 153 Ga. App. 831 ( 266 S.E.2d 580) (1980).

We have, however, examined the record carefully and find no errors of law.

Judgment affirmed. Deen, P. J., and Pope, J., concur.

DECIDED SEPTEMBER 13, 1982 — REHEARING DENIED OCTOBER 4, 1982 — CERT. APPLIED FOR.