McBRAYER v. STATE

No. 55204.

467 So.2d 647 (1985)

Malcolm McBRAYER v. STATE of Mississippi.

Supreme Court of Mississippi.

As Modified on Denial of Rehearing May 8, 1985.


Attorney(s) appearing for the Case

J. Max Kilpatrick, Philadelphia, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by John Emfinger, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, C.J., and DAN M. LEE and ROBERTSON, JJ.


ROBERTSON, Justice, for the Court:

On an unspecified date in November of 1982, and apparently on at least two other occasions, Malcolm McBrayer, age 46, and S.G., a 13 year old female, engaged in wholly consensual sexual intercourse. S.G. said that she wanted to marry Malcolm and to that end tried to run away with him to Oklahoma, only to be stopped by police at the bus station in Dekalb, Mississippi.

The lawfulness vel non of the conduct of Malcolm...

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