Pike v. State

Full title: PIKE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jan 4, 1985

327 S.E.2d 239 (Ga. Ct. App. 1985)

327 S.E.2d 239

Opinion

66631.

DECIDED JANUARY 4, 1985.

Rape, etc. Clayton Superior Court. Before Judge Boswell.

Jay W. Bouldin, for appellant.

Robert E. Keller, District Attorney, David C. Marshall, Assistant District Attorney, for appellee.

SOGNIER, Judge.

In State v. Pike, 253 Ga. 304 ( 320 S.E.2d 355) (1984), the Supreme Court reversed the decision of this court on the ground that under the provisions of OCGA § 5-6-48 an appellate court may order a trial court to supplement the record to show what transpired at trial. The Supreme Court issued such an order and the supplemented record disclosed the clothing worn by appellant bore no distinctive markings and was not distinguishable from common street clothing. The Supreme Court then reversed the decision of this court and also found the appellant's other enumeration of error without merit. Hence, our decision in Pike v. State, 169 Ga. App. 358 ( 312 S.E.2d 808) (1983) was vacated, and the judgment of the trial court is affirmed.

Judgment affirmed. Banke, C. J., Deen, P. J., McMurray, P. J., Birdsong, P. J., Carley, Pope, Benham, and Beasley, JJ., concur.

DECIDED JANUARY 4, 1985.