Weir v. Wilson, 744 F2d 532, 535 (6th Cir. 1984), cert. denied 469 U. S. 1223 (105 SC 1215, 84 LE2d 356) (1985). See also State v. Cummings, 779 SW2d 10, 12 (3) (Mo. App. 1989); Royal v. State, 761 P2d 497 (Okl. Cr. 1988); State v. McGinnis, supra. Since there is no constitutional requirement that the burden be placed upon the State, resolution of the issue is dependent upon the applicable provisions of state law. Placing the burden upon the defendant is not violative of, but consistent with, the general principles of this state’s law. “The burden is on the defendant in asserting error to show it affirmatively by the record. . . . [Cits.]” Dean v. State, 168 Ga. App. 172, 173 (1) (308 SE2d 434) (1983). See also State v. McGinnis, supra. Compare United States v. Cummiskey, supra (<HOLDING>). The record shows that appellant did not meet
holding that the burden is on the plaintiff holding that the burden is upon the state under the applicable federal rules of evidence holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery holding that the rules of evidence normally applicable in criminal trials do not operate with full force at hearings before the judge to determine the admissibility of evidence there is therefore much to be said for the proposition that in proceedings where the judge himself is considering the admissibility of evidence the exclusionary rules aside from rules of privilege should not be applicable and the judge should receive the evidence and give it such weight as his judgment and experience counsel recognizing privilege under federal rules