People v. Wallerstedt

The defendants, Michael Wallerstedt and Mark Hobson, were indicted by the grand jury of Will County for the offense of aggravated kidnapping (Ill. Rev. Stat. 1977, ch. 38, par. 10 — 1(a)(2)). Prior to giving the case to the jury, the trial court instructed the jury on the offenses of unlawful restraint (Ill. Rev. Stat. 1977, ch. 38, par. 10 — 3) and aggravated assault (Ill. Rev. Stat. 1977, ch. 38, par. 12 — 2(a)(1)) on the ground that they were lesser-included offenses. Although both Wallerstedt and Hobson were acquitted of aggravated kidnapping, they were convicted of unlawful restraint. In…