Rape conviction, sentence upheld by appeals court|[04/02/08]

Published 12:00 am Wednesday, April 2, 2008

The conviction and sentence of a Vicksburg man in a 2006 rape trial was upheld by the Mississippi Court of Appeals Tuesday.

John Charles McGriggs, 44, who was found guilty of beating and raping a 37-year-old woman in 2004, will continue serving his 18-year sentence after the court affirmed a Warren County Circuit Court jury’s decision.

The appeal sought a review of whether the trial judge erred in allowing a Vicksburg police officer to testify regarding his opinion of whether the victim had been raped, and also by admitting specific testimony of an emergency room physician who examined the victim.

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However, the appellate court upheld the conviction, stating that the defense made no objections to either of these testimonies during the trial.

“A contemporaneous objection must be made when a witness gives objectionable testimony so that the judge has the opportunity to correct the error and properly instruct the jury,” the decision said. “Failure to raise a timely objection constitutes waiver of the issue on appeal.”

According to the brief, the victim was assaulted after she accepted a ride from McGriggs on Aug. 19, 2004. The victim’s testimony stated that McGriggs drove her to a dead-end street and repeatedly beat and raped her. The victim escaped from the vehicle, partially nude, and flagged down an oncoming vehicle for help. The driver of that vehicle called 911 and reported the situation. Police arrived on the scene and placed an alert for the vehicle McGriggs was last seen driving.

McGriggs was arrested and charged with rape four days later. He was convicted on June 27, 2006.