Opinion
64483.
DECIDED SEPTEMBER 10, 1982.
Escape. Floyd Superior Court. Before Judge Frazier.
James C. Wyatt, for appellant.
F. Larry Salmon, District Attorney, William H. Boggs, Assistant District Attorney, for appellee.
The defendant appeals his conviction for escape. Held:
1. The contention by defendant's counsel that he was forced to trial without the statutory notice of arraignment (Code § 27-1401, as amended through Ga. L. 1977, Pp. 1098, 1104) is not sustained by the record. Furthermore, the record reveals that the defendant waived formal arraignment and pled not guilty.
2. The record fails to establish that the defendant was compelled to wear prison clothing during his trial. Moreover, since the defendant was on trial for escape no harm was shown. Krist v. State, 133 Ga. App. 197 (1) ( 210 S.E.2d 381). Accord, Wiggins v. Hopper, 235 Ga. 85 (1) ( 218 S.E.2d 826); Ingram v. State, 237 Ga. 613 (1) ( 229 S.E.2d 416).
Judgment affirmed. Shulman, P. J., and Carley, J., concur.