Gaines v. State

Beasley, Judge.

Gaines appeals from the judgment of conviction and 10-year sentence for statutory rape. (OCGA § 16-6-3).

1. The first enumeration is that the court erred in denying the motion to suppress the custodial statement following a Jackson v. Denno 1 hearing and erred in admitting it into evidence for the jury to consider.

Gaines was arrested on a warrant for rape and so advised, after a complaint was lodged by the guardian of the victim and the police talked to the examining physician, retrieved some evidence from the scene to which the victim took the police, and sent rape kit samples…