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CHARLES RALPH CLANTON, JR. v. STATE OF MISSISSIPPI

FEBRUARY 09, 1989

CHARLES RALPH CLANTON, JR.
v.
STATE OF MISSISSIPPI



BEFORE HAWKINS, P.J., SULLIVAN AND ZUCCARO, JJ.

HAWKINS, PRESIDING JUSTICE FOR THE COURT:

Charles Ralph Clanton has appealed his conviction in the circuit court of Leflore County of rape, in violation of Miss. Code Ann. 97-3-65 (2) (1985) and sentence to 25 years imprisonment.

The issues we address are the refusal of the circuit court to permit Clanton to offer into evidence before the jury two statements he gave to arresting officers, and alleged error in admitting testimony of David Swider that he had not given Clanton permission to take a magnum pistol, which Swider identified as his, from his home. The pistol was found in the parking lot of the Leflore County Hospital under a parked pickup, and where Clanton had been standing. The victim testified that Clanton was armed with a magnum pistol.

 We find no error and affirm.

 FACTS

 On June 12, 1985, Faye Carpenter, 31 years old, married, and with two children, was working the 11:00 p.m.-7:00 a.m.

 shift as a data processor at the Leflore County Hospital in Greenwood. Her office was on the first floor of the hospital. She testified at trial that she first saw Clanton that night when he came in a door where she was working and asked if Betty Jones (Jones) *fn1 was there. She walked him out into the hall and pointed toward the first floor nurses' station, where he could ask about Jones. She explained that the next time she saw Clanton was between 3:15 and 3:30 a.m. She had stopped at a typewriter and was preparing to type when" the same person that came into the office before "stepped around a partition near the typewriter. She picked up a telephone receiver, presumably to call Jones, and was told to" hang it up. "Carpenter then testified that when she turned around she saw the barrel of a gun being held close to her head by Clanton. At gun point he led her down the hall and up the stairs to the unoccupied fifth floor, Room 527.

 According to Carpenter, Clanton first forced her to undress while he asked her some questions about her and her family. He then instructed her to get on the bed with her face away from him, and raped her vaginally and rectally, and forced her to have oral sex. For a few minutes the two discussed what Clanton was going to do with her. He then forced her to have sex again. She explained that although he let her go to the bathroom, he told her to keep the door open, depriving her of any opportunity to lock herself in or to call the nurses' station.

 On cross-examination she was asked if the pistol Clanton had was a .357 magnum, and she replied it was. She testified Clanton also put the barrel of the pistol into her vagina and cocked the pistol. He also removed his socks and put his foot into her vagina. When the sexual activity was finished, Clanton told her he did not know whether to kill her or not.

 After both dressed, Carpenter testified she was led down the same stairwell, although this time not at gunpoint. They exited the stairwell near the second floor nurses' station. There she stopped and asked a question and Clanton kept walking. She did not see Clanton again.

 From there she went back down to her data processing office. The time was" after six o'clock. "Linda Greer was there. *fn2 Both she and Greer testified that upon arriving, she immediately locked both doors to the office. Greer asked her what was the matter, and remarked," You look like someone is after you. "Greer described Carpenter as being" real upset and crying, "and that" her clothes were mussed and her hair was messed up. "Carpenter then confided to Greer that she had been raped. Greer convinced her that she had to tell someone

 and be examined. They called Harry Hutchinson, the office manager, and reported the incident. The two then proceeded toward the emergency room.

 On the way to the emergency room they stopped at the admitting desk and talked to Beverly Tatum about the incident. Mrs. Tatum testified she had first seen Clanton at 2:00 a.m. that morning looking for Betty Jones. At that time she had called Jones, who said that she had already talked with Clanton. Tatum called security, and requested that they escort him out. Later that morning, at 6:15, she saw him again. This time she led him to the security desk and security guard Harvey Chriswell assisted him out. She returned to her desk where she met Greer and Carpenter. She described Carpenter as" shaking, hardly coherent. "She called Betty Jones who identified Clanton. She then called Chriswell.

 Chriswell testified that he first escorted Clanton out of the hospital shortly after 6:00 a.m. at the request of Mrs. Tatum. Within five minutes after he returned to his office, Mrs. Tatum called and asked him to come to the business office immediately. There Mrs. Tatum and Carpenter briefly told him what had happened. Chriswell testified that after Mrs. Tatum had told him that she requested Clanton to leave twice that night, that he was a" likely person "[to have committed the crime]. He called his sergeant, David Collum, and asked him to call the police, while he searched for Clanton. He located Clanton easily. He was out in the" east employee parking lot . . . standing by . . . a green Ford ...


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