Phagan v. State

McMURRAY, Senior Appellate Judge.

A Glynn County jury convicted defendant of one count of burglary. Thereafter, the superior court denied defendant’s motion for new trial, and he now appeals, contending that the superior court erred: (1) in failing to sua sponte declare a mistrial after ruling defendant’s custodial statements inadmissible as unwarned, 2 and (2) in denying his motion for new trial on the insufficiency of the evidence.

The uncontroverted evidence adduced at trial showed that Officer Tiona McDaniel of the Glynn County Police Department was dispatched to Fred Stregle Auto Sales at…