STATE v. CHAPMAN

No. 15284.

702 P.2d 879 (1985)

108 Idaho 841

STATE of Idaho, Plaintiff-Appellant, v. John Reynolds CHAPMAN, Defendant-Respondent.

Court of Appeals of Idaho.

June 26, 1985.


Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., A. Rene Fitzpatrick, Deputy Atty. Gen., Boise, for plaintiff-appellant.

Gar Hackney, Boise, for defendant-respondent.

Before BAKES, Acting C.J., and McFADDEN and TOWLES, Acting JJ., Special Panel.


BAKES, Acting Chief Judge.

Defendant was charged with second degree kidnapping, a violation of I.C. § 18-4501(2). The district court dismissed the action based upon a legal interpretation of the statute and lack of jurisdiction. We reverse.

Defendant's wife filed for divorce and was awarded temporary custody of their five year old daughter on April 30, 1982. Defendant was present at the temporary custody hearing and was represented by legal counsel. On...

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