Legal Opinion

Clark v. State

Court of Appeals of Georgia

Decided October 7, 1999No. A99A1177PublishedCited by 2 opinions

1Opinion of the Court

Miller, Judge.

Graham Clark was convicted of violating a Cherokee County ordinance that required him to control soil erosion on his property. He appeals, contending that the county ordinance was not properly proven.

Because this court cannot take judicial notice of a county ordinance, the State must introduce the ordinance into evidence, normally by certified copy.1 But Clark did not include a transcript of the trial in the appellate record so we could determine whether the ordinance was properly admitted into evidence. The burden is on the appellant to show the alleged error by the record, and…

2Cases cited4 opinions

  1. Brown v. FrachiseurSupreme Court of Georgia · 1981
  2. Owens v. StateCourt of Appeals of Georgia · 1980
  3. Regency Executive Plaza Unit Owner's Ass'n v. Wilmock, Inc.Court of Appeals of Georgia · 1999
  4. Poole v. StateCourt of Appeals of Georgia · 1997

3Cited by2 opinions

  1. Copeland v. StateCourt of Appeals of Georgia · 2001
  2. CaCoNi Candy & Gum, Inc. v. Curtis Products Co.Court of Appeals of Georgia · 2000

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