BEFORE WALKER, HAWKINS AND ROBERTSON
HAWKINS, JUSTICE, FOR THE COURT:
Leonardo Brock appeals from his conviction in the circuit court of Desoto County under a three-count indictment charging him with the crimes of robbery, kidnapping and rape.
He first assigns as error cross-examination about his pre-trial silence, which we find to be without merit under the facts of this case.
We agree with his contention that it was error to try him under a multi-count indictment and reverse.
Around 7:00 a.m. on Saturday, June 5, 1982, Thomas Pierce and Charles Crouther, summer employees as Park Rangers for the U.S. Corps of Engineers, were flagged by Brock on one of the Arkabutla Lake roads. Brock asked for assistance to get a two-door maroon Chevrolet out of a ditch. The car was at right angles to the ditch, with both back wheels in the ditch's bottom. Pierce told Brock they would be unable to pull the car out with the truck, but approximately a mile away at a country store the owner had a tractor, and they would take him there.
In the course of the conversation, Brock told them that the car was his, that he had been in the area fishing, and that he was a lawyer from Memphis.
The three got into the truck and when they had driven about 150 yards, Pierce testified they saw Jacqueline Dennis, a black woman, sitting on the side of the road. She was nude from the waist up, holding a torn blouse, and flagging them. The rangers stopped, asked her what was the matter, and Dennis told them she had been raped and shot, then pointed at Brock, and said, "That's the one that did it right there."
The rangers had no weapons, and when Pierce told Crouther to radio the DeSoto County Sheriff's Office, Brock ran off.
At trial Dennis testified that shortly after mid-night, around 12:30 a.m., on June 5, she had gone to the "Barracks Club," an establishment at the corner of Monroe and Marshall streets in the City of Memphis. Dennis, 22 years of age, was a student at Memphis State University, who worked part-time. The Barracks Club is located in a section of Memphis the city fathers are unlikely to boast about.
According to Dennis, while she was playing a video game, Brock approached her, they struck up a conversation, he told her he was a medical student and that his name was "Rick." As she was about to leave, he told her his car had been stolen, and she advised him to call the police. He made the motion of making a call on the telephone, and told her that his car had not been stolen, but the police had taken it in because it was parked near a fire plug.
She agreed to take him to his apartment, and said they first made a stop at the City of Memphis Hospital, where Brock said he wanted to check and see if the Director's car was there.
When they got to his apartment, Brock invited her to come in and meet his female roommate, who he said was also a medical student.
She went into his apartment. Once inside the apartment, Brock grabbed her by the hair and at gunpoint made her undress. He momentarily went into the kitchen. Dennis got a vase close by to hit him with. Upon returning, Brock saw the vase, slapped her around, and told her that if she tried anything he would kill her, that he had already killed another lady.
Brock had sexual intercourse with her and oral sex. After threatening to kill her in the apartment, he ordered her to dress herself and at gun and knife point made her get
into the car which he drove to Mississippi. He came to a dead end of the park road, went to turn the car around and got stuck in the ditch. He made her walk up the road, then ordered her off the road into a thicket. Again he ordered her to ...