Before Pittman, P.j., Banks And Waller, JJ.
The opinion of the court was delivered by: Banks, Justice, For The Court:
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A
DATE OF JUDGMENT: 07/18/96
TRIAL JUDGE: HON. LEE J. HOWARD
COURT FROM WHICH APPEALED: CLAY COUNTY CIRCUIT COURT
NATURE OF THE CASE: CRIMINAL - FELONY
MOTION FOR REHEARING FILED:
The defendant appeals from his convictions for one count of burglary of a dwelling and one count of robbery. We find no merit in the defendant's assignments of error and thus affirm the judgment of the circuit court.
On September 4, 1994, after visiting her parents, Linda Hannah returned to her home in West Point, Mississippi around 10:15 p.m. She walked into the kitchen and found a window open. Ms. Hannah went into the bedroom to retrieve her cellular phone, intending to call her brother to see if he had come by and opened the window. She then noticed that her gun, which she had left on her nightstand, was not there. As she began to make the call, she saw a man in a stocking mask standing in the doorway with her gun in his hand. Without turning around, she began to back away from the man, keeping her eyes on his face as she did so.
The man rushed her, hit her and threw her down on the floor. He then straddled her and beat her in the face with the gun. During the struggle, Ms. Hannah hit her attacker in the face with the phone so hard that it left blood on the phone. Ms. Hannah then asked her attacker if he wanted money, and he responded that he did. When she told him that the money was in her car, he let her up off the floor. During this time Ms. Hannah was looking at the man's face from no more than a foot away in a well-lighted room. Her attacker then led her outside at gunpoint. She got in the car and opened the glove box to retrieve the money, which was around twenty dollars. The robber snatched the money from the glove compartment. At that point, frightened that he would be upset when he counted the money, Ms. Hannah swung the car door hard against his legs. The man then ran northeast across her front yard. After the robber fled, Ms. Hannah drove back to her parents' home and told them she had been attacked.
The police were called immediately, and Ms. Hannah and her parents returned to her house. The police secured the crime scene, and gathered blood samples from the floor, wall and the phone which Ms. Hannah had used to strike her attacker. The police also obtained fingerprints from a briefcase in Ms. Hannah's bedroom which had been forcibly opened by the burglar, and from the general vicinity of the bedroom and the carport. The blood samples and fingerprint evidence were then sent to the Mississippi State Crime Laboratory for analysis. The police came back the next morning and at that time found a pair of pantyhose approximately thirty-five feet east of Ms. Hannah's house. There were bloodstains on the pantyhose, and this was also sent to the crime lab.
Witness Frederick Doss, whose house is about three or four hundred yards from Ms. Hannah's house, testified at trial that he was returning home on the night of the robbery and observed a man in a multi-colored shirt running across the road. Mr. Doss was sure it was the night of the robbery because only moments later he observed the police coming into the ...