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PERCY LEE DIXON v. STATE OF MISSISSIPPI

FEBRUARY 17, 1988

PERCY LEE DIXON
v.
STATE OF MISSISSIPPI



BEFORE HAWKINS, P.J., ROBERTSON and GRIFFIN, JJ.

GRIFFIN, JUSTICE, FOR THE COURT:

Percy Lee Dixon appeals to this Court his conviction of rape and sentence to serve twenty-five years with the Mississippi Department of Corrections by the Hinds County Circuit Court. Appellant has assigned four errors for review. Finding these assignments to have no merit, we affirm.

I.

 On October 10, 1976, the prosecutrix, a seller of Avon

 products, approached and entered the apartment of the appellant around 6 o'clock in the evening. She was met by Aroneta Gray, Dixon's girlfriend. The prosecutrix was there to collect money for some men's cologne she had sold to Dixon several weeks prior to that date. Upon being informed that Dixon was not home, the prosecutrix left to deliver another Avon order and returned later in the evening. At this time, appellant was at home. Apparently, Gray was no longer there.

 The prosecutrix requested money from Dixon owed to her and was told he didn't have any. Dixon then proceeded to put his hands on her knees and requested a date from her, to which she replied in the negative. She attempted to leave, but was forcibly taken to his bedroom and raped. In the course of the struggle, she knocked over and broke his T.V., to which appellant himself testified later.

 Dixon threatened to choke the prosecutrix, and when she started screaming he then threatened to kill her. He put a pillow over her face and raped her. Earlier he mentioned he had a shotgun in the house.

 The prosecutrix testified at trial that she had sold Avon products to appellant in the past and had visited his home on several occasions in delivering these items and collecting money.

 After leaving the appellant's apartment, the prosecutrix went home and called a friend, who recommended that she call the rape counselling service. She took a cab to the hospital and met the rape counsellors that same evening. The police arrived while she was in the examination room.

 Testimony by Dr. Joel Payne, the resident physician at the University Medical Center in Jackson on the night the prosecutrix was admitted established that tests indicated sperm present in her and an acid phosphatase showed positive. He also observed other evidence of recent injury to the victim's body including scratch marks on her right nostril and a similar one over her left cheek.

 Following Dr. Payne's testimony, the state rested. Dixon made a motion for a directed verdict, which the court overruled.

 Dixon testified in his own behalf claiming that the prosecutrix had in fact consented to engaging in sexual activity. He alleged her reason for doing such was that she had told his girlfriend she owed money to Avon and had sex

 with Dixon for $20.00, which Dixon did not pay.

 In support of his statement Dixon presented testimony in his behalf by two (2) witnesses: the deposition of Calvin White, manager of the apartment in which Dixon lived, and that of Gray. White stated that he had not heard any noise coming from Dixon's apartment on the night the rape occurred despite the fact that the walls were far from soundproof.

 Gray's statement supported Dixon's testimony that the alleged rape was actually a transaction for money.

 In response to White's deposition, the State presented evidence that the witness had previously been convicted of three false pretense violations, and copies of such were admitted as general exhibits.

 Both the defense and the State rested, and following deliberation the jury returned a guilty verdict. The court sentenced Dixon to serve twenty-five years in MDC, ...


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