It shall be unlawful for any sheriff, jailer or other officer to require any person imprisoned in jail to appear in any court for trial dressed in the uniform or dress of a prisoner or convict, or in any uniform or apparel other than ordinary civilian's dress, or with shaven or clipped head. And no person charged with a criminal offense shall be tried in any court while dressed in the uniform or dress of a prisoner or convict, or in any uniform or apparel other than ordinary civilian's dress, or with head shaven or clipped by or under the direction and requirement of any sheriff, jailer or other officer, unless the head was shaven or clipped while such person was serving a term of imprisonment for the commission of a crime.
Any sheriff, jailer or other officer who violates the provisions of this section shall be guilty of a Class 1 misdemeanor. (1915, c. 124; C.S., s. 4646; 1993, c. 539, s. 296; 1994, Ex. Sess., c. 24, s. 14(c).)
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1972–2022 · leading case:
State v. Johnson, 496 S.E.2d 805 (N.C. Ct. App. 1998).
State v. Johnson, 496 S.E.2d 805 (N.C. Ct. App. 1998).
· cites it 10× “In his first assignment of error, defendant contends the trial court erred by denying his motion to strike the venire on the ground that members of the jury pool saw defendant partially attired in prison garb in violation of N.C. Gen. Stat. § 15-176 (Cum. Supp. 1996).”
State v. Woodard, 709 S.E.2d 430 (N.C. Ct. App. 2011).
· cites it 2× “Defendant’s Constitutional Rights Defendant argues that the trial court violated his rights under the United States and North Carolina Constitutions and N.C. Gen. Stat. § 15-176 by requiring him to wear prison clothing during the jury selection and first day of trial.”
State v. Westry, 189 S.E.2d 618 (N.C. Ct. App. 1972).
· cites it 3× “G.S. 15-176. Yet the trial judge forced these two defendants to stand trial in such clothes.”
State v. Berry, 275 S.E.2d 269 (N.C. Ct. App. 1981).
“In Westry the Court pointed out that G.S. 15-176 is not as broad as defendant in that case contended.”
Charles v. Buffaloe (W.D.N.C. 2022).
· cites it 10× “N.C. Gen. Stat. § 15-176 prohibits a “sheriff, jailer or other officer” to require any person to “appear in any court for trial” or be “tried in any court” while The Respondent also contends that any attempt by the Petitioner to claim that the photographs violated a federal…”
State v. Anthony (N.C. Ct. App. 2014).
· cites it 4× “Prison Uniform -3- Pursuant to N.C. Gen. Stat. § 15-176 , “[i]t shall be unlawful for any sheriff, jailer or other officer to require any person imprisoned in jail to appear in any court for trial dressed in the uniform or dress of a prisoner or convict .”
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