State v. Dorsey

After trial to the court, defendant was convicted of kidnapping in the second degree 1 and rape in the first degree. 2 Defendant assigns as error (1) denial of his motion for judgment of acquittal on the grounds of insufficient evidence and (2) entry of a judgment of conviction for kidnapping in the second degree.

Defendant first asserts that the evidence at trial was insufficient to show either lack of consent to the transportation element of kidnapping or forcible compulsion in the alleged rape. The testimony of the victim, whom the judge found credible, indicated that the defendant grabbed…