People v. Rappuhn

The majority reverses because of what it views as an inadequate asportation instruction. I would hold that the instruction given was adequate to inform the jury of this requisite element of kidnapping.

The trial court instructed the jury as follows:

"In order to find the defendant guilty of kidnapping, you must find as a matter of fact that the element of asportation was present. Asportation as defined is a movement from one location to another. In order to find the defendant guilty of kidnapping, this asportation of the victim or the complainant must have an independent significance.”

Defendant…