Zachary v. State

Marshall, Justice.

The appellant was convicted on three counts of a four-count indictment charging him with violations of the Controlled Substances Act. The trial court granted his motion for directed verdict as to Count 1 of the indictment, but denied his motion for directed verdict as to the remaining counts. However, the court reporter did not report the proceedings on the appellant’s motion for directed verdict, in violation of Code Ann. § 6-805 (d) (Ga. L. 1965, pp. 18, 24).

On appeal, the Court of Appeals nonetheless affirmed the appellant’s conviction, on the ground that he had failed to…