People v. Lahr

The People appeal 1 the trial court’s dismissal of the attempted second-degree kidnapping charge after the prosecution had concluded its case, and the decision of the trial court to instruct the jury on misdemeanor menacing, a lesser included offense of felony menacing. We affirm in part and disapprove in part.

Shortly after midnight on April 30, 1978, the defendant stopped a passing car and braced his shotgun on the hood, pointing it at the people inside. He told them, “Don’t move or I’ll blow you away.” He then went to the open window on the driver’s side, put the shotgun against the…