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WILLIE JAMES HAYMOND v. STATE OF MISSISSIPPI

OCTOBER 09, 1985

WILLIE JAMES HAYMOND
v.
STATE OF MISSISSIPPI



BEFORE PATTERSON, PRATHER AND SULLIVAN

SULLIVAN, JUSTICE, FOR THE COURT:

In the Circuit Court of Madison County, Mississippi, Willie James Haymond was convicted of the crime of kidnapping and attempted unnatural intercourse. He was sentenced to fifteen years for the kidnapping, and five years for the unnatural intercourse.

He assigns two errors on appeal.

 I. That the court erred in overruling his motion for a directed verdict at the conclusion of the state's case; and

 II. That the jury verdict of guilty in both of these causes is against the overwhelming weight of the evidence and contrary to law.

 FACTS

 Haymond and the victim met and struck up a casual conversation at a reservoir night spot during the late evening hours of June 11, 1983. Haymond asked the victim if he would give him a ride home, and the victim agreed to do so.

 At Haymond's request the victim drove him to the city of Ridgeland, where Haymond changed his mind and solicited a ride to the home of his aunt. The victim acquiesced, and with Haymond giving directions drove to a rural area of Madison County in search of the defendant's new and illusive destination.

 After much unsuccessful meandering in rural Madison County, the victim reached the conclusion that Haymond did not know where he was going. He informed Haymond that he was

 going to take him to Haymond's home and attempted to speed up his automobile.

 Haymond immediately pointed to a secluded driveway which was barricaded by a padlocked metal gate and ordered the victim to stop the automobile and to back the vehicle into the driveway. When the victim refused to do so, Haymond pushed him to the side of the car, took charge of the controls, and backed the automobile into the driveway.

 Haymond told the victim to remove his clothes. When the victim declined to do so, Haymond told him that if he knew what was good for him he would take off his clothes. The victim, who testified he was small in statute and not a fighter, removed his clothing. Haymond proceeded to engage in oral copulation with the victim. When the victim was not responsive to these advances, Haymond then attempted to mount the victim from the rear. To avoid this, the victim somersaulted out of the open car door and fled into the nearby woods, clad only in his socks.

 After a cursory search for the victim and entreaties for him to return to the automobile, Haymond took the automobile and fled the area.

 LAW

 I.

 A. ...


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