Sutton v. State

Banke, Judge.

The defendant appeals his conviction for the rape of a 2-year-old girl, contending that the trial court erred in admitting his confession and that the evidence was insufficient for conviction. Held:

1. The defendant asserts that he was not mentally capable of making a free, knowing, and voluntary waiver of his right against self-incrimination. Although an expert witness provided testimony favorable to him in this matter, contrary evidence was supplied by a number of witnesses for the state. “In a Jackson v. Denno hearing the trial court is the finder of fact and its factual…