State v. Pendergrass

PREWITT, Presiding Judge.

Following jury trial defendant was convicted of assault in the third degree and sentenced to eight months’ confinement in the Newton County Jail. He appeals, presenting two points for our consideration.

Defendant contends in his first point that the trial court abused its discretion in allowing two of his witnesses to be shackled by leg chains and to wear prison clothing while testifying because this “impermissi-bly prejudiced the jury against the testimony of those witnesses by indicating to the jury that the witnesses were in custody during the trial and may have…