People v. Woods

Defendant, Johnnie Woods, was convicted by a jury of breaking and entering with intent to commit larceny. MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). He appeals as of right.

Defendant appeared in court wearing a prison uniform and a blue windbreaker jacket. Following voir dire and impaneling of the jury, defense counsel moved for a mistrial on the ground that defendant’s presumption of innocence was infringed by his appearing in that manner. The trial judge ordered a recess to allow defendant to change clothes, but denied the motion for mistrial ruling that it was not timely made and…