Denny v. Commonwealth

VANCE, Justice.

Appellant was convicted of the crimes of rape and incest and was sentenced to imprisonment for 50 years for rape and 10 years for incest, the terms to run concurrently.

While in custody prior to trial the appellant admitted his guilt of the crimes to the sheriff. Over objection of appellant that the admission of guilt was obtained in violation of his Fifth and Sixth Amendment rights under the United States Constitution, the sheriff was permitted to testify about the admission.

The Fifth Amendment guarantees that no person shall be compelled in any criminal case to be a witness…