COM. v. PETERSON

Record No. 1428-92-4.

424 S.E.2d 722 (1992)

COMMONWEALTH of Virginia v. Gregory Anthony PETERSON.

Court of Appeals of Virginia.

December 21, 1992.


Attorney(s) appearing for the Case

Janet F. Rosser, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellant.

Andrew Meltz, Asst. Public Defender (Kevin T. Gaynor, Asst. Public Defender, on brief), for appellee.

Present: BARROW, BENTON and COLEMAN, JJ.


BARROW, Judge.

The Commonwealth argues in this appeal that the trial judge erred in suppressing statements made by the defendant while in an ambulance en route to the hospital. For the reasons stated below, we hold that the defendant's statements were not made voluntarily and affirm the decision of the trial court.

The Commonwealth has the burden of proving by a preponderance of the evidence that a defendant's statements are voluntary. Stockton v. Commonwealth...

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