On Motion for Rehearing.
Sognier, Judge.On motion for rehearing the state recognizes the deficiency caused by the record’s failure to show that the prison garb worn by appellant was not distinctive and bore no markings identifying it as prison garb. The state now attempts to supplement the record by means of a post-trial affidavit and three photographs to show that the prison garb worn by appellant was not distinctive from normal civilian attire. This request is based on the provisions of OCGA § 5-6-41 (f) (Code Ann. § 6-805), which authorizes a supplemental record to correct omissions or misstatements so the transcript truly and fully discloses what transpired at trial. The evidence we are asked to consider was not omitted from the transcript nor does it relate to misstatements at trial. Rather, it is new and additional evidence which was not presented at trial, and as such is not authorized by § 5-6-41 (f) (Code Ann. § 6-805). Huckaby v. State, 128 Ga. App. 79 (195 SE2d 688) (1973); Scott v. Leder, 164 Ga. App. 334, 335 (4) (297 SE2d 103) (1982). Thus, we are bound by the record of trial and cannot consider the state’s proffered additional evidence.
The record in this case shows the following colloquy concerning appellant’s prison garb.
“Mr. Bouldin [Defendant’s counsel]:... I would so object and have it noted on the record... that my client is dressed in prison garb, and I would strenuously object to him being brought before a jury under these conditions.
“Mr. Keller [District attorney]: Your Honor, I would ask the record to reflect that Charlie Hall, who is courtroom bailiff in charge of prisoners,... attempted to find any clothing that was non-prison issue clothing, that Mr. Pike,... due to the nature of the offense, did not have clothing with him because they (sic) were seized as evidence in his case, that there was no clothing available to the jail other than the issued prison grab [sic], . . .
“This being the only available clothing and there being no *361evidence that any other clothing was available . . . the objection should be noted for whatever purpose Mr. Bouldin seems (sic) necessary, but there is nothing we can do at this point.
“... We don’t have to dress them. That’s the reason you’ve got prison issue clothing.
“Mr. Bouldin: Your Honor, I’d also ask that it be noted or I’ll stipulate to the fact that the reason he has no civilian clothes or outside clothes and has to wear prison clothes is because they were taken from him at the time of arrest and sent to the crime lab.
“Mr. Keller: Your Honor, that is right.” (Emphasis supplied.)
Appellate courts are guided by the record and cannot rely on extra-judicial statements contained in briefs or arguments of counsel. Holzmeister v. State, 156 Ga. App. 94 (1) (274 SE2d 109) (1980); Butts v. State, 149 Ga. App. 492, 493 (3) (254 SE2d 719) (1979). Had the state offered any evidence at trial that the prison garb was not distinctive in any way and bore no markings of any kind, reversal on this issue would not have been necessary. However, as we stated in our original opinion, once a constitutional violation has been shown, as was done here, the burden is on the prosecution to show that such constitutional error was harmless beyond a reasonable doubt. LaRue v. State, 137 Ga. App. 762, 764 (2) (224 SE2d 837) (1976). Accordingly, the motion for rehearing is denied.
Motion for rehearing denied.
Shulman, C. J., Deen, P. J., Quillian, P. J., and Birdsong, J. concur. McMurray, P. J., Banke, Carley and Pope, JJ., dissent.