Convicted of statutory rape, 1
Marvin James Bankston appeals on two grounds: the trial court erred in admitting his confession to having sexual intercourse with his 14-year-old daughter, and the evidence was therefore insufficient to sustain the conviction. The arresting officer testified that he gave Bankston Miranda warnings before the interrogation that led to the confession, that Bankston signed a waiver form acknowledging such, and that the officer made no promises or threats. Despite Bankston's testimony to the contrary, the court was authorized to believe the officer that the proper warnings were given before the interrogation. 2
Thus, the trial court did not clearly err in finding the confession was voluntarily given after a knowing and intelligent waiver of his rights. 3
Corroborated by the confession, the victim's testimony that Bankston had sexual intercourse with her when she was 14 sufficed to sustain the conviction. 4
William T. McBroom III, District Attorney, Daniel A. Hiatt, Assistant District Attorney, for appellee.