People v. Charles Thompson

After a jury trial, defendant was convicted of kidnapping, MCL 750.349; MSA 28.581, and first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2). Defendant was sentenced to imprisonment for 2 concurrent terms of 15 to 30 years and now appeals by right.

In People v Adams, 389 Mich 222; 205 NW2d 415 (1973), the Court held that it was necessary to interpolate an element of asportation or its equivalent in the crime of kidnapping to prevent the kidnapping statute from being unconstitutionally overbroad. The necessary asportation could not be merely incidental to the commission of another…