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147 Ga. App. 546

249 S.E.2d 368

Allen v. State

Court of Appeals of Georgia

Decided October 16, 1978

Court of Appeals of Georgia · decided 1978-10-16

Cited by 1 later decisions — most recently September 1982

1 state decisions

Relies on 119 Ga. App. 222 - Sharpe v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1978-10-16

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Bell, Chief Judge.

¶1 Defendant was convicted of burglary. Held:

¶2 1. The trial court overruled defendant’s motion for mistrial on the ground that he was in prison dress at trial. Defendant made his motion at the conclusion of the state’s case. The right to wear civilian clothes at trial is a procedural right which may be waived. Sharpe v. State, 119 Ga. App. 222 (1) (166 SE2d 645). By waiting until the state had rested defendant waived this right.

¶3 2. The evidence was sufficient to authorize the guilty verdict.

¶4 Judgment affirmed.

Shulman and Birdsong, JJ., concur.
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