Sharpe v. State, 166 S.E.2d 645 (Ga. Ct. App. 1969). · Go Syfert
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Sharpe v. State, 166 S.E.2d 645 (Ga. Ct. App. 1969). Cases Citing This Book View Copy Cite
38 citation events across 4 distinct courts.
Strongest positive: Culbertson v. State, 386 S.E.2d 894 (Ga. Ct. App. 1989)
Treatment trajectory · 1970 → 2026 · click a year to view as-of
1970 1998 2026
How cited ↗
Cited for
119 Ga. App. at 223 Denial of mistrial motion when defendant is prisoner1 citing casecordingly, the court did not err in its judgment denying the motion of the defendant’s counsel for a mistrial based on the deprivation of said right, made at…opening of page *223 (no citing court says what it cites this page for)
  • Culbertson v. State, 386 S.E.2d 894 (Ga. Ct. App. 1989).published
    See Spurlin v. State, 228 Ga. 763, 765 (4) ( 187 SE2d 856 ) (1972); Sharpe v. State, 119 Ga. App. 222, 223 (1) ( 166 SE2d 645 ) (1969).
Other citing cases1 with no pin cite or quoted language on record
  • Pike v. State, 312 S.E.2d 808 (Ga. Ct. App. 1983).published 4 cites
Retrieving the full opinion text from the archive…
Sharpe
v.
the State
44265.
Court of Appeals of Georgia.
Feb 20, 1969.
Published opinion
166 S.E.2d 645
1969 Ga. App. LEXIS 1051
William F. Pearce, Jr., for appellant., W. B. Skipworth, Jr., Solicitor General, Frank K. Martin, for appellee.
Felton, Pannell, Quillian.
Cited by 17 opinions  |  Published
Felton, Chief Judge.

1. Although the defendant had the right to wear civilian clothes rather than prison clothing at his trial (21 AmJur2d 275, Criminal Law, § 239, and cit.), this is a procedural right that may be lost where there is a failure to assert it properly. Op. cit., § 239, citing French v. State (Okla.) 416 P2d 171 and People v. Shaw, 7 Mich. App. 187 (151 NW2d 381). See also Timmons v. State, 223 Ga. 450 (1) (156 SE2d 68), and cit.

Where the defendant was represented at his trial by counsel, who permitted him to be brought into the courtroom in his prison uniform and remain there so dressed throughout the impaneling of the jury, then announced ready for trial, without making any pre-trial motions to delay or continue the trial until he could obtain civilian clothing, the above-mentioned procedural right was thereby lost by waiver. Ac[*223] cordingly, the court did not err in its judgment denying the motion of the defendant’s counsel for a mistrial based on the deprivation of said right, made at the beginning of the trial.

Submitted February 3, 1969 Decided February 20, 1969. William F. Pearce, Jr., for appellant. W. B. Skipworth, Jr., Solicitor General, Frank K. Martin, for appellee.

Even if the judgment were error, it would not have been harmful, inasmuch as the evidence subsequently adduced at the trial revealed that the defendant was a prisoner anyway and the court gave a correct and full charge upon the issue of the presumption of innocence, to which there was no objection.

2. There was no contention that the evidence did not support the verdict.

Judgment affirmed.

Pannell and Quillian, JJ., concur.