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DURNS v. UNITED STATES

No. 77-1163.

562 F.2d 542 (1977)

Donald E. DURNS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 14, 1977.

Certiorari Denied November 14, 1977.

Attorney(s) appearing for the Case

David F. Williams, Kansas City, Mo., made argument, filed appearance and brief for appellant.

J. Whitfield Moody, First Asst. U. S. Atty., Kansas City, Mo. (argued and filed appearance), and Bert C. Hurn, U. S. Atty. (former), Kansas City, Mo., on brief for appellee.

Before STEPHENSON and WEBSTER, Circuit Judges, and BENSON, District Judge.

BENSON, District Judge:

Donald E. Durns appeals from a judgment of conviction for violation of 18 U.S.C. § 1201, the federal kidnapping statute. He contends the trial court erred:

(1) in denying his motion for judgment of acquittal on grounds of insufficiency of the evidence to sustain the conviction for the offense charged; (2) in failing to give the jury a requested lesser included offense instruction, and in failing to give an instruction...

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