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THOMAS JACKSON v. STATE OF MISSISSIPPI

MARCH 28, 1984

THOMAS JACKSON
v.
STATE OF MISSISSIPPI



BEFORE WALKER, HAWKINS AND ROBERTSON

HAWKINS, JUSTICE, FOR THE COURT:

Thomas Jackson appeals his conviction in the Circuit Court of George County of the crime of carnal knowledge of a six-year-old girl, and sentence to life imprisonment. He challenges the validity of Miss. Code Ann. 97-3-65 (Chapter 576, Mississippi Laws 1974) under which he was indicted, and the sufficiency of the evidence in view of no proof of penetration. We affirm.

FACTS

 On July 15, 1980, Darrell E. Thomas, a 21-year-old man was spending the night with his sister and brother-in-law, Evon and Larry Tanner, at their residence in George County. Mr. and Mrs. Tanner had three children: Freddie, age 7; Wendy, age 6; and Alan, age 3.

 When they retired for the evening, Mr. and Mrs Tanner went to their bedroom. Thomas and Alan were sleeping on one bed in the children's bedroom, and Freddie and Wendy on the other bed. A light in the bathroom was on which gave some light in the children's bedroom.

 Thomas testified that he awoke sometime between 11:30 p.m. and 12 and observed the defendant in the bed with the two children. Jackson was talking to them.

 Jackson was a friend of Larry Tanner's; the two had been fellow employees at Arrow Construction Company in Mobile, Alabama.

 Thomas said he thought nothing of seeing Jackson in bed with the children and went back to sleep. Thomas further testified he woke up later and saw Jackson on top of the little girl Wendy, with his sex organ in his hand, trying to force it into the child. Thomas asked Jackson what he was doing, and got him off the child. Thomas then went into the other bedroom and awakened the parents. Thomas said Jackson was about to strike him when Larry Tanner told him he had better not. Then, uttering profanity, Jackson left. Jackson did not have a shirt on, and left his boots behind when he left.

 Evon and Larry Tanner corroborated the testimony of Thomas. Mrs. Tanner said she saw the defendant coming out of the children's room trying to get his pants up, and his belt buckled.

 The little girl was whining and shaking. Her panties were beside the bed, and Mrs. Tanner noticed blood on them.

 The Tanners testified they did not know Jackson was in the house, that he had no permission to spend the night, and the front and back doors had been locked prior to the family's retiring that evening. While Jackson said he gained entrance through the back door, Mrs. Tanner said he could only have gained entrance through a window.

 The parents were leaving with the little girl to take her to the hospital, but could not crank the pick-up because the wires had been disconnected.

 Dr. Herbert Kinsey, a general practitioner, examined the child in the emergency room of the hospital in Lucedale at 1:50 a.m. July 16. He found a bruise on the left labia and an abrasion in the fold between the major and minor labia. There was a substance on Wendy's underclothing which appeared to be blood, consistent with the abrasion. The child was quite frightened. Dr. Kinsey was of the opinion that there had been an attempt to rape her, and the trauma to her had occurred within a matter of hours previous.

 Dr. Kinsey delivered the panties, a tube with a swab and saline material, and a small glass container to Dr. Edwin C. Henson, a pathologist. The pathologist found no semen. While he made no test of it, he was of the opinion the panties ...


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