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BILLY WAYNE COLLINS v. STATE OF MISSISSIPPI

AUGUST 26, 1987

BILLY WAYNE COLLINS
v.
STATE OF MISSISSIPPI



EN BANC

PRATHER, JUSTICE, FOR THE COURT:

Billy Wayne Collins was convicted in the Circuit Court of Yalobusha County of sexual battery in violation of Miss. Code Ann. 97-3-95. From that conviction, Collins appeals, assigning as error:

(1) The verdict of the jury was the product of bias and passion and against the overwhelming weight of the evidence.

 (2) The trial court erred in admitting numerous issues of Hustler magazine owned by the defendant, which were irrelevant and highly inflammatory.

 I.

 In August 1984, Tammy T. was eleven years old and was living with her aunt in Coffeeville, Mississippi. On or about August 10, 1984, Tammy and her twelve year old friend, Becky G., were instructed by Tammy's aunt to return a borrowed wrench to their neighbor Billy Wayne Collins.

 Collins lived across the street and was in the process of rebuilding his house that had burned. When the two girls arrived at his house at approximately 2:00 p.m., Collins was seated reading a "girlie" magazine. After "flashing" a page of the magazine to the girls, Collins carried the wrench to a shed outside his house.

 According to Tammy, Collins told the girls he had something for Tammy's aunt at the shed, so the girls followed. Once inside the shed, Collins showed the girls nude pictures of men and women and subsequently pulled Tammy's shorts and panties down and twice inserted a finger into Tammy's vagina. At the time Collins was touching Tammy, he allegedly told Becky he would shoot her if she moved. After his contact with Tammy, the 315 pound Collins reached to raise Becky's dress, but was allegedly tripped by Tammy. The two girls then ran back to Tammy's house.

 There are discrepancies as to how long Tammy waited to tell her aunt of the incident. According to Tammy's aunt, she knew nothing of the events of the afternoon until 1:00 a.m. the following morning when she returned from work. After an initial examination, Tammy's aunt took Tammy to the Yalobusha General Hospital in Water Valley, Mississippi where Dr. Thomas E. Stanford, Jr. performed a pelvic examination and concluded that Tammy had been sexually abused.

 Billy Wayne Collins was arrested later that day and charged with sexual battery of Tammy T. in violation of Miss. Code Ann. 97-3-95. *fn1 At trial, Collins denied any contact with the two girls other than "patting" Becky who was not named in the indictment. Collins was convicted and sentenced to serve sixteen years in the custody of the Mississippi Department of Corrections. He is presently at liberty on bond.

 Did the trial court err in admitting numerous issues of Hustler magazine owned by the defendant?

 A.

 Following his arrest, Collins gave an oral statement to

 Sheriff Defer in which he admitted showing nude magazine photographs to the two girls. He did not remember which magazine he showed them, but he stated he could identify the ...


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