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JOHNNY LEE ROBERSON v. STATE OF MISSISSIPPI

JANUARY 14, 1987

JOHNNY LEE ROBERSON
v.
STATE OF MISSISSIPPI



BEFORE WALKER, PRATHER AND ROBERTSON

PRATHER, JUSTICE, FOR THE COURT:

This appeal challenges the constitutionality of Miss. Code Ann. 97-3-95 (Supp. 1986), *fn1 prohibiting sexual battery. From a conviction of sexual battery of a child under the age of twelve, Johnny Lee Roberson appeals assigning the following errors:

(1) The statute under which appellant was convicted is void for vagueness and therefore violates due process of law.

 (2) The evidence adduced at trial wholly failed to prove that appellant possessed the mental intent implicitly and necessarily required under the sexual battery statute.

 I.

 Johnny Lee Roberson, an adult, was indicted and tried in the Circuit Court of Washington County for the sexual battery of S. J., a ten-year old girl.

 S. J. testified that, while Roberson was babysitting, he told S. J. to remove her panties, he licked between her legs, he rubbed between her legs, and eventually he inserted a finger into her vagina. S. J. also testified Roberson

 masturbated himself to ejaculation during the episode.

 Roberson admitted inserting his finger into S. J.'s vagina, but denied the other allegations. Roberson testified he had reason to believe someone else had sexually abused S. J. and, as a concerned citizen, inserted the middle finger of his left hand 1/8 inch into S. J.'s vagina to determine if she was a virgin.

 Roberson was convicted and sentenced to a term of twenty years in prison. From that conviction and sentence, Roberson perfects this appeal.

 II.

 Is Miss. Code Ann. 97-3-95 unconstitutionally vague?

 The statute under which appellant was convicted provides that:

 A person is guilty of sexual battery if he or she engages in ...


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