Actual medical evidence of penetration, however, is not necessary as implied by Wilson. Absent such evidence, proof of penetration is required. Wilson put his penis in your vagina?Īccording to § 97-3-65(1), proof of penetration is not necessary if there is evidence that the private parts of the child have been lacerated or torn. Was there ever a time in Harrison County, Mississippi when Mr. You talked about what intercourse means to you. Mary, you used the words when it came out. He was continuing to touch me in my private places and we could continue to have intercourse. How would he mess with you, Mary, here in Harrison County, Mississippi?Ī.
Wilson contends that the only proof of penetration came from Mary, and this is where the State's proof is insufficient because Mary stated that she had never seen an erect penis or never seen the defendant's penis when erect. There was no medical testimony showing that Mary's private parts had been lacerated or torn. In all cases where the child is under the age of fourteen (14) years it shall not be necessary to prove penetration of the child's private parts where it is shown the private parts of the child have been *600 lacerated or torn in the attempt to have carnal knowledge of the child. Section 97-3-65 provides in pertinent part: We have recognized that only "slight penetration" need be shown. To establish the offense of rape, the State must prove that there was "some penetration" of the victim's vagina by the defendant's penis. Wilson claims that there was insufficient evidence of penetration which is an essential element of the State's burden of proof. Wilson contends that the lower court erred in failing to grant his motion for a directed verdict at the end of the State's case, his motion for a directed verdict at the end of all the evidence, and his motion for a judgment notwithstanding the verdict. Jack appealed his conviction to this Court. Jack was convicted of capital rape and sentenced to life imprisonment. Jane was arrested and charged with accessory to capital rape.
#State vs. dmso jaikoz wilson full#
Froshour took Jack to the Criminal Investigations Division, gave him his Miranda rights, and obtained a full confession. On March 24, 1987, Froshour arrested Jack. Froshour was assisted by one of Mary's former teachers. Stevens, an employee of the welfare department, what happened.ĭennis Froshour, an investigator with the Harrison County Sheriff's Department, was contacted by the welfare department. Mary did not tell anyone at the shelter what Jack had done to her while she was there, but she later told Ms. Jane was later allowed to pick Mary up and take her home. The grandmother of Mary's friend took Mary to the family court shelter. In March of 1987, Jane walked into her bedroom and found Jack, who was thirty-eight years old at the time, performing oral sex on Mary, who had just turned thirteen years old. Jack once again told Jane that he was having sexual relations with Mary, and Jane failed to report him to the authorities. Jack told Jane about his relationship with her daughter, and Jane did not report him to the authorities.Īpproximately four to five months after Jack admitted to having sexual relations with Mary, the Wilsons moved to Gulfport, Mississippi. During this time, Jack started having sexual intercourse with Mary, his eleven-year-old stepdaughter. In 1983, the Wilsons moved to Pasadena, Texas. During their marriage, Jack and Jane had three children of their own. Jane's son and daughter from a prior marriage were a part of the Wilson household. Finding no reversible error, this Court affirms.Īt the time of trial, Jack had been married for approximately ten years to his wife Jane.
Wilson, aggrieved by the lower court's decision, appeals assigning several errors of which only one warrants discussion.
Terry, presiding, and was sentenced to life imprisonment. Wilson was convicted of capital rape in the Circuit Court of the First Judicial District of Harrison County, Jerry O. Donald Rafferty, Wittman & Rafferty, Gulfport, for appellant.
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