Hammer v. Commonwealth

The Commonwealth charged Hammer with entering an apartment at 225 Revere street, in the city of Newport News, on the night of May 12, 1964 with intent to commit rape. He pleaded not guilty and waived a jury upon advice of court-appointed counsel. The trial judge found Hammer guilty and sentenced him to a term of four years, to run concurrently with another sentence.

Hammer asks us to reverse the conviction, because his incriminating statement was admitted in evidence. He says the statement was inadmissible because he made it without assistance of counsel and under duress.

The police arrested…