State v. Chapman

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 the afternoon of May 7, prior to the final divorce decree and award of permanent custody to the wife, defendant picked the child up at her day…