State v. Beachum

Ness, Chief Justice:

Appellant was convicted of burglary, first degree criminal sexual conduct and kidnapping. He asserts the trial court was without jurisdiction to try him for kidnapping. We agree and reverse the conviction and sentence for kidnapping.

Appellant broke into Deborah Bruce’s home while Mrs. Bruce and her children were sleeping. He awoke Mrs. Bruce’s four-year-old daughter, took the child into the woods outside the home and sexually assaulted her. Appellant then fled, leaving his clothing and a wallet containing his identification.

Appellant was charged with burglary, first degree…