Horne v. Commonwealth

This appeal presents a Fourth Amendment seizure question of first impression in the Commonwealth. The issue is whether Sylvester Junior Horne was constitutionally in custody at the time he made certain statements to the police which led ultimately to his conviction for rape and capital murder during the commission of, or subsequent to, rape. Horne was sentenced to a separate term of life imprisonment for each offense. He made a motion to suppress, a motion to strike, and a motion to set aside the verdict. All motions were denied. Horne contends that denial of the motions was error. We…