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[T] Crain v. State

May 12, 1998

SYLVESTER CRAIN, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 03/06/96

TRIAL JUDGE: HON. WARREN ASHLEY HINES

COURT FROM WHICH APPEALED: LEFLORE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CT I KIDNAPING: SENTENCED TO SERVE A TERM OF 20 YRS IN THE CUSTODY OF THE MDOC

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Appellant, Sylvester Crain, was prosecuted for kidnaping, rape, and sexual battery. The jury found him guilty of kidnaping and sentenced him to twenty years imprisonment. Subsequently, Crain filed a motion for a new trial which was denied. He now appeals on two issues.

FACTS

Mary Crain, the estranged wife of Sylvester, testified that she was sleeping at her mother's house on the morning in question. Sylvester approached and asked Mary to go to Memphis with him. Mary refused, and an argument took place. Mary sent her oldest daughter to look for Sylvester's mother. When Sylvester's mother arrived, he left the premises.

A few minutes later, Mary walked to Robinson's, a local store, to buy some cigarettes and a drink. Once Mary arrived at the store, Sylvester jumped her from behind and dragged her out of the store. Sylvester hit her on her head and dragged her to his car, all the while Mary was trying ...


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