Krist v. State, 49682
| Decision Date | 31 October 1974 |
| Docket Number | No. 1,No. 49682,49682,1 |
| Citation | 133 Ga.App. 197,210 S.E.2d 381 |
| Parties | Gary S. KRIST v. The STATE |
| Court | Georgia Court of Appeals |
Harold E. Martin, Jackson, for appellant.
Edward E. McGarity, Dist. Atty., Kenneth Waldrep, Asst. Dist. Atty., McDonough, for appellee.
Syllabus Opinion by the Court
The defendant was convicted of an attempt to intentionally escape from the Georgia Diagnostic and Classification Center in Butts County. His motion for new trial was overruled and he appeals. Held:
1. Defendant moved several days prior to trial that he be furnished civilian clothes to wear at the trial. Counsel for defendant made no request for a ruling on the motion until after he was brought into the courtroom in prison garb and remained so dressed during the impaneling of the jury. The motionw as then overruled. Although a defendant has the right to appear at trial in civilian clothes rather than prison clothing, this right may be waived where there is a failure to assert it properly. Spurlin v. State, 228 Ga. 763, 187 S.E.2d 856; Sharpe v. State, 119 Ga.App. 222, 166 S.E.2d 645. Failure to attempt to invoke a ruling on the pre-trial motion until after defendant had already appeared before the jury in prison uniform would amount to a waiver of this procedural right. But even if the denial of the motion was error no harm has been shown as the crime of escape necessarily involves a defendant who has been confined in a lawful place of confinement. Spurlin v. State and Sharpe v. State, supra.
2. The defendant was not harmed by the trial court's comments doubting the defendant's claim of indigency as these comments were made outside the hearing and presence of the jury.
3. One of the special grounds of the motion for new trial was that the state denied defendant's counsel access to a material witness who was then in custody of the state. This issue was raised for the first time in the motion for new trial. Defendant's counsel in a post-trial affidavit averred that during his ivnestigation and preparation for trial, he learned that another prisoner was a material witness in this case; that he was permitted to meet with this potential witness but was informed by the warden of the confinemant facility in which this prisoner was then lodged that he, the warden, had to be present during the interview; and that as a result of the warden's presence the prisoner refused to answer any questions. As this question was not raised during the trial, it cannot now be considered by this court. Frashier v. State, 217 Ga. 593, 124 S.E.2d 279; Bobo v. State,...
To continue reading
Request your trial
-
State v. Martinez
...Whether the delay in raising the matter is characterized as a negation of compulsion, Estelle, supra, or waiver, Krist v. State, 133 Ga.App. 197, 210 S.E.2d 381 (1974), the issue was not timely His trial in a prison-issued shirt did not deny him a fair trial. A Prosecutor As A Witness An as......
-
Slade v. State
...had already appeared before the jury in prison uniform would amount to a waiver of this procedural right." Krist v. State, 133 Ga.App. 197(1), 210 S.E.2d 381 (1974). See also Powell v. State, 199 Ga.App. 544, 405 S.E.2d 540 (1991). The record shows neither a motion on the issue of prison cl......
-
McKenzey v. State, 51804
...shown as the crime of escape necessarily involves a defendant who has been confined in a lawful place of confinement.' Krist v. State, 133 Ga.App. 197, 210 S.E.2d 381; Spurlin v. State, 228 Ga. 763, 765(4), 187 S.E.2d (b) We conclude, however, that the trial court erred in denying McKenzey'......
-
Barton v. State
...there was no harm in trying him in his prison uniform. Ingram v. State, 237 Ga. 613(1), 229 S.E.2d 416 (1976); Krist v. State, 133 Ga.App. 197(1), 210 S.E.2d 381 (1974). 2. We do, however, find merit in appellant's remaining enumeration of error. The record reflects that the venire in this ......