PEOPLE v. BARKER

Docket Nos. 63359, 63503. (Calendar Nos. 3, 4).

411 Mich. 291 (1981)

307 N.W.2d 61

PEOPLE v. BARKER PEOPLE v. SLAYTON PEOPLE v. v LYNN

Supreme Court of Michigan.

Decided June 19, 1981.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and A. George Best, II, Assistant Prosecuting Attorney, for the people.

Bell & Hudson, P.C., for defendant Slayton.

State Appellate Defender (by Nora J. Pasman) for defendant Lynn.


Decided June 19, 1981. Rehearing denied as to Lynn post, 1157.

FITZGERALD, J.

We granted leave to appeal in these cases to decide whether, in a prosecution for kidnapping and first-degree criminal sexual conduct, the trial court erred reversibly in instructing that the asportation element of kidnapping would be satisfied if the jury found the movement of the victim to be incidental to the commission of the underlying coequal1

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