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KELLY v. STATE

No. A01A0834.

553 S.E.2d 175 (2001)

250 Ga. App. 793

KELLY v. The STATE.

Court of Appeals of Georgia.

July 30, 2001.

Attorney(s) appearing for the Case

Lovett Bennett, Jr., Statesboro, for appellant.

Richard A. Malone, Dist. Atty., Samuel H. Altman, Asst. Dist. Atty., for appellee.

ELLINGTON, Judge.

Walter Lee Kelly was convicted by an Emanuel County jury of burglary, OCGA § 16-7-1. Kelly appeals from the denial of his motion for new trial, contending the trial court erred in admitting statements he made to the county sheriff while in custody. Finding no error, we affirm.

In ruling on the admissibility of an in-custody statement, a trial court must determine whether, based upon the totality...

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