BEFORE HAWKINS, P.J., DAN LEE AND ANDERSON, JJ.
HAWKINS, PRESIDING JUSTICE, FOR THE COURT:
Samuel Wesley Dixon has appealed from his conviction in the circuit court of Leake County of kidnapping Ruby Dean Griffin and sentence to serve 30 years.
We address only one issue on this appeal, Dixon's constitutional double jeopardy right. Having been previously acquitted in the same court of the crime of murder of Ruby Dean Griffin while in the commission of rape on the same night in the same series of acts upon which his conviction of kidnapping was based, we reverse and render judgment here for the accused.
Ruby Dean Griffin, a 21-year-old black woman, lived with her parents, Mr. and Mrs. Thurl Griffin, on a graveled road about a mile North of Carthage. Mrs. Griffin was confined to a wheelchair. Ruby went to her room at approximately 7:00 on the evening of Thursday, March 28, 1985, and this was the last time her father saw her alive. The next morning she was found on a dirt road Northeast of Carthage just South of Highway 25. She had on knee socks, but no other clothes from her waist down. A scarf was around her neck. There was a cut on her throat. She was muddy from her knees down. She was taken by ambulance to the Leake County Memorial Hospital where she died shortly after arrival.
Sheriff Joe Mack Thaggard noticed tracks on the road where a motor vehicle had gone into a ditch a short distance from the Griffin home. He also saw blood and red and blue
barrettes (combs) in the road. He also learned from James Dixon, an uncle of Samuel Wesley's, that he had the previous night pulled Samuel Wesley's pickup truck out of the ditch at that location. Later that day Dixon was stopped, questioned and arrested. Female panties were found in the pickup.
Dixon gave a confession to the sheriff which the sheriff wrote down as follows:
Samuel Dixon states that on 3-28-85 that he was driving east from Red Warter [sic] School on a Gravel Rd. to his mother's, and he hit a girl with his truck and that he went in the Ditch, he put the girl in the bushes and his friend Freddie Wilson and wife Elenor Wilson come by and took me to James Dixon and James Dixon came back and pulled me out of the ditch. I went on to my mothers and told her I got out of the ditch. I went back and got the girl out of the bushes and put her in my truck in the back. I through [sic] one of her shoes in the bushes there. I took the girl up on the Conway Road at the Norris Carson Sign on 35 North, and [Raped her in the bed of my Truck.] * I through [sic] her other shoe out there at the sign on 35 north. [I took a hatchett in the back of my truck and cut her throat on Conway Rd.] * I took the girl back up 25 highway on a dirt road and through [sic] her out some time before 12:00 p.m. I left and went up on the square. I then went and washed my truck, and I had the girls panties in my truck and I carried her pants to where I live and put them in the trash. [Underlined portions omitted during second trial]
Exhibit 3, Vol. II, p. 72 (first case); Exhibit 2, Vol. II, p. 224 (second case; omits rape and murder portions).
From the map introduced at trial it appears the place where the truck was in the ditch is approximately two miles south from the Norris Carson sign on Conway Road where Dixon confessed taking Ruby Dean, and the location on the dirt road where he carried her body is at least two miles distance from the North Carson sign (probably four or five miles distance by road).
Dixon was indicted by the Leake County grand jury on April 23, 1985, for capital murder committed while committing the crime of rape, in violation of Miss. Code Ann. 97-3-19(e). He was tried in May and following a verdict of the jury of not guilty, a judgment of acquittal was entered by the court on May 8, 1985.
On August 5, 1985, the grand jury returned an indictment against Dixon of feloniously confining and kidnapping Ruby Dean Griffin against her will, in violation of Miss. Code Ann. 97-3-53.
Dixon moved to dismiss the indictment on the ground that his Constitutional right against being tried twice for the same crime was being violated, and also assigning collateral estoppel, 5th Amendment; U.S. Constitution: Section 22, Article 3, Mississippi Constitution. The court overruled this motion. The court ...