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BILLY GUNN BROWN v. STATE OF MISSISSIPPI

NOVEMBER 09, 1988

BILLY GUNN BROWN
v.
STATE OF MISSISSIPPI



BEFORE DAN LEE, P.J., ROBERTSON and GRIFFIN, JJ.

GRIFFIN, JUSTICE, FOR THE COURT:

I.

Billy Gunn Brown was indicted by the Lauderdale County Grand Jury on May 9, 1986, with four different charges arising from occurrences from March 7, 1985, through August 31, 1985. Count I charged Brown with sexual battery of a minor child, M.B., 97-3-95, Miss. Code Ann. (Supp. 1986); Count II with touching and handling a minor child, N.B.,

 97-5-23, Miss. Code Ann. (Supp. 1986); Count III with contributing to the delinquency of a minor, M.B., 43-23-25, Miss. Code Ann. (Supp. 1986); and Count IV with contributing to the delinquency of a minor, G.C., 43-23-25, Miss. Code Ann. (Supp. 1986).

 A jury trial was held in the Circuit Court of Lauderdale County, Honorable Lester F. Williamson presiding, on August 25, 1986. Billy Gunn Brown was found guilty of all four charges.

 The court sentenced Brown to 12 years in the Miss. Dept. of Corrections on Count I. He was fined $1,000 on Count II, $500 on Count III, and $500 on Count IV. From this verdict and sentence, Brown appeals. The appellant assigns as error the following:

 1. The court erred in overruling appellant's motion to quash the multiple count indictment and for allowing the State to try the appellant on all counts in a single trial.

 2. The court erred in admitting into evidence certain physical evidence that was unconstitutionally obtained and that should have been suppressed.

 3. The court erred in allowing introduction of immaterial, irrelevant, and highly prejudicial evidence that when taken as a whole denied appellant his right to a fair and impartial trial.

 We find appellant's assigned errors without merit and affirm his conviction and sentence.

 II.

 Billy Gunn Brown was born May 21, 1932. He is a disabled veteran. Due to a spinal injury, sustained while serving in the army during the Korean conflict, he lost all use and movement of his body from the waist down. Brown was a Justice Court Judge of District I, Lauderdale County, from January 1976, until August 1984.

 M. B. is the daughter, by a prior marriage, of Brown's ex-wife. Her mother and Brown divorced in August, 1984. M.B. began living with Brown in March 1985 in order to attend Northwest school in Meridian. She was thirteen (13) years old

 at the time the offenses were committed.

 G. C. was one of M. B.'s best friends. She began spending nights at Brown's house in March, 1985. She was fourteen (14) at this time.

 After March, 1985, Brown started showing the two girls pictures of nude women. He offered them $75.00 each to pose for pictures. The girls posed nude, and in various positions. They were also shown Playboy magazines.

 Brown then began having parties for the girls. The girls were given alcoholic drinks, marijuana, and other drugs. They were then taken to Brown's bedroom, where Brown undressed them and performed various sexual acts with them. These encounters started in April, 1985 and continued until August, 1985. In addition to these acts, Brown had the girls use various methods to stimulate him; and they burned their initials into his sides. He showed the girls movies depicting lesbian acts and had them engage in lesbian relations at least once.

 III.

 DID THE TRIAL COURT ERR IN OVERRULING BROWN'S MOTION TO QUASH THE MULTIPLE COUNT INDICTMENT?

 Appellant, Brown, was charged in a multi-count indictment on May 9, 1986. At that time there was no statute in effect allowing this type of indictment. Appellant filed a demurrer to the indictment, citing Stinson v. State, 443 So.2d 869 (Miss. 1983); Bennett v. State, 451 So.2d 727 (Miss. 1984); Johnson v. State, 452 So.2d 850 (Miss. 1984); Friday v. State, 462 So.2d 336 (Miss. 1985); Thomas v. State, 474 So.2d 604 (Miss. 1985). This demurrer was overruled.

 On July 1, 1986, 99-7-2 Miss. Code Ann. (Supp. 1986) went into effect. This statute states:

 1. Two or more offenses which are triable in the same Court may be charged in the same indictment with a ...


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