BEFORE WALKER, C.J., ROBERTSON AND GRIFFIN, JJ.
GRIFFIN, JUSTICE, FOR THE COURT:
James Earl Jones was tried and convicted for rape by the Circuit Court of Lafayette County. He was sentenced to serve a term of 35 years in the custody of the Mississippi Department of Corrections.
The basis for Jones' whole attack on his conviction is the asserted illegality of the pre-trial identification. Appellant further assigns as error the search of his home, improper closing argument, and introduction of evidence of separate crimes. We will address only the Fourth Amendment question posed by the search and the pre-trial identification. Other assignments merit no consideration.
The following facts give rise to the assigned error on appeal: On Friday, October 26, 1984, at approximately 5:30 p.m., the victim and a friend went to dinner at a local restaurant in Oxford, Mississippi. The two young women remained there until 9:30 or 10:00 p.m., at which time they departed by car for another establishment to visit some friends.
Upon leaving this last stop, they were approached near their car by a black man estimated by the girls to be around 20 years old. The girls testified that despite their adamant denials to his requests that they give him a ride home, he somehow found his way into the back seat of the car.
Testimony showed that several blocks away at a stop
sign defendant forced one girl into the back seat, while he took over driving. The girls testified further that their pleas to offer him money to pay for an alternate ride home went unheeded, and defendant's course carried them to a wooded area off Old Sardis Road. At that time, he produced a switchblade knife, and he directed the girls to remove their clothing.
Following one unsuccessful attempt at escape which left her with severely cut hands from having fought with defendant in fear of her life, the victim's friend escaped into the woods where she wandered for several hours before finally emerging from her ordeal. In the meantime, the defendant, after cutting the victim's clothes from her, raped her and forced her to drive him to another location where he departed. Somehow the victim traveled the rest of the way back to Oxford, where she was discovered by an officer with the police department curled up in a fetal position on the front seat of her car, still unclothed. She was taken to the Oxford-Lafayette Hospital, and was joined shortly thereafter by her friend, who had finally found her way out of the woods.
Within just a few hours of all these events, officers, following directions from the girls, found the scene of the crime where several items were observed in the area, to-wit: items of clothing of the victim and her friend, a necklace belonging to the victim, and a New York Yankee's baseball cap, allegedly worn by their assailant.
Then, between 8:30 and 9:00 that morning, October 27, 1984, the girls identified, at least to the satisfaction of the officers, the defendant as their assailant, having chosen him from an array of seven pictures presented to them. At 2:00 p.m., the same day, the girls identified appellant from a line-up.
Sheriff F. D. "Buddy" East and several other officers on that same afternoon testified that they had gone to defendant's residence (actually belonging to his father) and upon knocking at the door were told to enter. Defendant was advised of his rights at that time and then taken to the sheriff's office. Prior to their departure, the officers requested, and received permission to confiscate a pair of blue jeans lying on the floor. Appellant was again advised of his rights at the station and questioned about the crime.
Following interrogation of the defendant, the officers obtained a search warrant for the residence, and upon their return to it seized a knife, a dark jacket and a pair of
men's underwear, all of which had been sighted by the girls as being worn or used by their assailant and which were included in the affidavit supporting the search warrant.
Appellant moved for suppression of the evidence of the search of his home, but after a hearing his motion was overruled. Appellant proceeded to trial on February 19, 1985, and this ...