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[T] White v. State

July 21, 1998

JIMMY DALE WHITE AND DARRYL DYESS, APPELLANTS
v.
STATE OF MISSISSIPPI, APPELLEE



Before Thomas, P.j., Diaz, And Herring, JJ.

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

White, et al v. State, 96-KA-00806-COA

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

DATE OF JUDGMENT: 05/28/96

TRIAL JUDGE: HON. MICHAEL RAY EUBANKS

COURT FROM WHICH APPEALED: JEFFERSON DAVIS COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: DYESS: SEXUAL BATTERY SENTENCED TO 30 YRS IN THE MDOC; WHITE: SEXUAL BATTERY SENTENCED TO 25 YRS IN THE MDOC WITH 10YEARS OF THE IMPRISONMENT SUSPENDED

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Jimmy Dale White and Darryl Dyess were both convicted of the sexual battery of Dyess's stepdaughter. From this conviction, they perfect their appeal to this Court and argue that the trial court erred (1) in granting two of the State's jury instructions, which the appellants contend were confusing and prejudicial, and in refusing their "single juror" instruction; (2) in disregarding the procedure to be used in determining when a child should be allowed to testify via closed-circuit television; and (3) in permitting the child's aunt to testify as to the child's veracity. Finding cause to reverse on the appellants's final two assignments of error, we reverse and remand this case for a new trial in accordance with this opinion.

FACTS

When D.B., a female child born May 30, 1989, was almost six years old, she informed her mother, Cindy Williams, that D.B.'s stepfather, Darryl Dyess, and his friend, Jimmy Dale White, had touched her in an inappropriate manner when she was between the ages of three and four years old. According to D.B., Dyess and White took her fishing and on two different occasions, touched her private areas. D.B. testified that in the first incident, the two men pulled her bathing suit aside and inserted a stick and then their hands into her vagina. The second time, the men placed their hands inside her shorts and again inserted their hands into her vagina. Both Dyess and White testified in their own defense and vehemently ...


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