McCoy v. State

Defendant was convicted in the Superior Court of two counts of kidnapping in the second degree [11 Del.C. § 783(3)] 1 for the unlawful restraining of the victim and her two year old son while “feloniously exercising control over and appropriating her [automobile]”.

The defendant attacks the validity of the conviction on several grounds: (1) failure to provide a plain, concise, and definite statement of the essential facts constituting the offense charged; (2) failure to dismiss one count of the indictment because the evidence showed only one criminal episode of kidnapping, albeit of two…