Marlow v. State

1. I concur with the dissent of Presiding Judge McMurray in that we have no transcription of the argument of the solicitor and must base our decision solely upon the colloquy of counsel as to what was said or was not said. The defendant has a remedy under Code Ann. § 6-805 (d) (Ga. L. 1965, pp. 18, 24) to supplement the record as to this matter and did not avail himself of such right. This court can not correctly reconstruct the proceedings from "colloquies of counsel.”

No tenet of law is more basic or sound than that which holds: " 'The burden is on him who asserts error to show it…