Kelly v. State

Ellington, Judge.

Walter Lee Kelly was convicted by an Emanuel County jury of burglary, OCGA § 16-7-1. Kelly appeals from the denial of his motion for new trial, contending the trial court erred in admitting statements he made to the county sheriff while in custody. Finding no error, we affirm.

In ruling on the admissibility of an in-custody statement, a trial court must determine whether, based upon the totality of the circumstances, a preponderance of the evidence demonstrates that the statement was made freely and voluntarily. Reinhardt v. State, 263 Ga. 113, 115 (3) (b) (428 SE2d 333)…