Kitchens v. State

Carley, Judge.

The defendant was indicted for burglary and after the jury returned a verdict of guilty, the trial court imposed a sentence of ten (10) years, six (6) of which are tó be served in the state penitentiary with the remaining years to be served on probation. Kitchens appeals from his conviction and sentence alleging a violation of his right to remain silent as guaranteed by the Constitutions of the United States and the State of Georgia.

During the course of direct examination by the state of the investigating officer, the witness was asked about the Miranda warnings given to…