Pike v. State

On Motion for Rehearing.

Sognier, Judge.

On motion for rehearing the state recognizes the deficiency caused by the record’s failure to show that the prison garb worn by appellant was not distinctive and bore no markings identifying it as prison garb. The state now attempts to supplement the record by means of a post-trial affidavit and three photographs to show that the prison garb worn by appellant was not distinctive from normal civilian attire. This request is based on the provisions of OCGA § 5-6-41 (f) (Code Ann. § 6-805), which authorizes a supplemental record to correct omissions or…