BEFORE ROY NOBLE LEE, ROBERTSON AND SULLIVAN
SULLIVAN, JUSTICE, FOR THE COURT:
John Henry Warren, was convicted in the Circuit Court of the First Judicial District of Hinds County, Mississippi, under Mississippi Code Annotated 97-3-65 (Supp. 1983), of forcible rape, and the jury by its verdict prescribed and the court sentenced him to life imprisonment in the custody of the Mississippi Department of Corrections. He appeals, claiming that the verdict was against the overwhelming weight of the evidence.
About 1:00 o'clock in the morning of June 25, 1982, the prosecutrix was awakened by a man putting a knife to her neck and demanding that she engage in sexual relations with him. Her pleas were unavailing as she attempted to convince him not to hurt her or the children in the house with her, including the child who was asleep in the bed beside her. In spite of this, and without her consent, the rape was accomplished. The prosecutrix submitted because of the presence of the knife and out of fear for her own safety and the safety of the children.
After the assault had concluded, the man took out a cigarette lighter, lit a cigarette, sat on the side of the bed smoking and conversing with the victim for about five minutes. He even asked her if he could come back again, saying that he would like to get to know her better. Then he left.
The prosecutrix described her assailant as weighing about 215 pounds, 6'4 "in height, and having hair on the chin like a goatee. She saw him by the light of the street light after he had left the porch of her home. On the night of the attack, he wore a blue flannel shirt and blue jeans.
Two months later, this same man returned. The prosecutrix was sitting on the nearby porch of her mother's home when she saw the man come to her house. The man approached her at her mother's house, and asked if she was [name omitted], claiming he knew her through a mutual friend. He said he wanted to get to know her better. The prosecutrix testified that she recognized her assailant by his physical appearance, his voice and the very words which he had spoken to her on the night he had raped her.
When the prosecutrix's mother got up and went into the house, the man immediately left. He was later apprehended by the brother of the prosecutrix and ultimately arrested by the police. The prosecutrix identified John Henry Warren in the courtroom as the man who raped her on June 25, 1982.
The brother of the victim, testified that on the night of June 25, 1982, his sister came to his house in the early morning hours and told him that she had just been raped. She described her attacker as being tall, heavy-set, with a goatee, wearing a blue flannel shirt and blue jeans. The prosecutrix's brother immediately searched the area and
upon seeing a man meeting that description called out to him to stop. When the man did not stop, the prosecutrix's brother went to a nearby convenience store and called the police. He did not again on that night find the man that he thought matched the description given by his sister.
On August 21, 1982, the prosecutrix again came to her brother for help in catching the man who had raped her. On this occasion, her brother was successful and held the man until the police arrived. The prosecutrix's brother identified the defendant, John Henry Warren, as the man he stopped in August of 1982.
Tommie Giles, a neighbor of the victim, was walking home some time after midnight on the night of June 25, 1982. At the corner of Pleasant Avenue and Wood Street he encountered a black man who was about 6'5" tall, weighing 200-225 pounds and of medium complexion. Giles got a light for his cigarette from the man, and testified that he recognized him as someone whom he had seen previously in the neighborhood.
After learning what had happened to the prosecutrix and after hearing the description of her assailant, Giles remarked that he had met someone fitting that description whom he had seen before on that very night. Two months later, in August, the same man Giles saw the night the prosecutrix was raped, was ...