People v. Leszczynski

On August 12, 1971, defendant was found guilty by a jury of kidnapping, MCLA 750.349; MSA 28.581, and robbery armed, MCLA 750.529; MSA 28.797. On October 12, 1971, he was sentenced to concurrent terms of 2-1/2 to 10 years in prison on each conviction.

Although defendant was tried separately, the facts surrounding the transaction out of which these charges arose have already been fully set forth in People v Behm, 45 Mich App 614; 207 NW2d 200 (1973).

Defendant first contends that his conviction of kidnapping must be reversed because the trial court failed to instruct the jury on the element of…