State v. Whitaker

EXUM, Justice.

In his appeal defendant contends (1) the evidence presented at trial was insufficient to support his conviction for kidnapping to facilitate attempted second degree rape; 1 and (2) the trial court committed reversible error by denying defendant’s timely request to instruct the jury on the lesser included offense of false imprisonment. The Court of Appeals answered both questions adversely to defendant. We agree with the Court of Appeals’ decision insofar as it concluded the evidence is sufficient to support defendant’s conviction, but we disagree insofar as it concluded that…