dissenting.
I join Judge Pope in his dissent and further note that there is absolutely nothing in the record to show or prove that the defendant was wearing “prison garb” of the type proscribed by Dennis v. Dees, 278 FSupp. 354 (1968), the primary case relied on by the majority. The record is quite clear that the defendant was wearing blue jeans and a light blue shirt without any markings or identification of any kind. Such attire is worn by millions of people every day.
The mere statement of counsel that the defendant was wearing “prison garb” is conclusory. If counsel had pointed out how and in what way such clothing appeared to be “prison garb” only then would it be incumbent upon the state to assume the burden of proving otherwise.
Further, there is absolutely nothing in the record to show the defendant was denied the right to obtain clothing of his own choice, nor is there any constitutional, statutory, or regulatory requirement that a county jail furnish clothing for a defendant when tried. The record indicates the defendant’s clothing was sent to the laboratory *362to be analyzed as evidence. Had he been required to wear the same clothes at trial that he wore during the alleged criminal activity, that, in my opinion, would have been error.
The majority concedes there is no Georgia case that supports its contention in this case and relies instead on one Federal District Court opinion that speaks of “striped prison garb.” There is no such evidence in the case at bar. I would affirm.