Dewayne Graham v. State of Mississippi

¶ 52. Although appalled by the heinous acts of which Graham was. convicted, I am unable to join the majority’s decision to affirm all three of his convictions. As the majority concedes. Count III of Graham’s indictment incorrectly recited the material facts constituting the offense of sexual battery. This was a glaring error that deprived Graham "of his federal and state constitutional right to notice of the crime charged, and it cannot be disregarded. Because the State failed to prove the facts actually alleged in Count III, on that count Graham was entitled to a directed verdict in his…