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Kane v. State

Court of Appeals of Georgia
Sep 17, 1982
295 S.E.2d 551 (Ga. Ct. App. 1982)

Opinion

64542.

DECIDED SEPTEMBER 17, 1982.

Armed robbery; escape. Floyd Superior Court. Before Judge Walther.

William H. Newton III, for appellant.

F. Larry Salmon, District Attorney, Stephen F. Lanier, Assistant District Attorney, for appellee.


Escape from confinement. Appellant contends that the trial court erred by allowing him to be tried in prison clothing, and by failing to charge the jury on insanity.

1. The trial court stated on the record at the onset of trial that appellant had refused to wear civilian clothing which had been provided for him by the sheriff's office. The trial court also charged the jury that they should not consider the way appellant was dressed in determining his guilt or innocence. Thus, any error resulting from appellant's appearance in prison clothing was self-induced, and induced error is impermissible. Reynolds v. State, 147 Ga. App. 488 ( 249 S.E.2d 305) (1978); Drake v. State, 142 Ga. App. 14 ( 234 S.E.2d 825) (1977).

2. No request to charge on insanity was made by appellant, and no evidence was presented relating to appellant's mental condition. Hence, there was no basis for a charge on insanity, and the trial court did not err by failing to give such a charge. Morgan v. State, 224 Ga. 604, 607 ( 163 S.E.2d 690) (1968); Moore v. State, 142 Ga. App. 145, 146 (1) ( 235 S.E.2d 577) (1977).

Judgment affirmed. Deen, P. J., and Pope, J., concur.

DECIDED SEPTEMBER 17, 1982.


Summaries of

Kane v. State

Court of Appeals of Georgia
Sep 17, 1982
295 S.E.2d 551 (Ga. Ct. App. 1982)
Case details for

Kane v. State

Case Details

Full title:KANE v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 17, 1982

Citations

295 S.E.2d 551 (Ga. Ct. App. 1982)
163 Ga. App. 588

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