Pike v. State

Court of Appeals of Georgia

Pike v. State

327 S.E.2d 239, 173 Ga. App. 246, 1985 Ga. App. LEXIS 1487

CourtCourt of Appeals of Georgia

DecidedJanuary 4, 1985

Docket66631

StatusPublished

This text of 327 S.E.2d 239 (Pike v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pike v. State, 327 S.E.2d 239, 173 Ga. App. 246, 1985 Ga. App. LEXIS 1487 (Ga. Ct. App. 1985).

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Opinion

Sognier, Judge.

In State v. Pike, 253 Ga. 304 (320 SE2d 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 [247]*247court 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 SE2d 808) (1983) was vacated, and the judgment of the trial court is affirmed.

Decided January 4, 1985. Jay W. Bouldin, for appellant. Robert E. Keller, District Attorney, David C. Marshall, Assistant District Attorney, for appellee.

Judgment affirmed.

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

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Sognier, Judge.

In State v. Pike, 253 Ga. 304 (320 SE2d 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 [247]*247court 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 SE2d 808) (1983) was vacated, and the judgment of the trial court is affirmed.

Decided January 4, 1985. Jay W. Bouldin, for appellant. Robert E. Keller, District Attorney, David C. Marshall, Assistant District Attorney, for appellee.

Judgment affirmed.

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

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327 S.E.2d 239, 173 Ga. App. 246, 1985 Ga. App. LEXIS 1487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pike-v-state-gactapp-1985.

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