Damron v. Commonwealth

Respectfully I dissent. Three different conclusions expressed in the majority opinion are in direct conflict with the statutes in point and our own previous decisions. They are as follows.

I. THE CHARGE OF KIDNAPPING THE CHURCH PIANIST

The conduct underlying the charge of kidnapping the church pianist consisted of *141tying her hands, taking her keys and then taking her car.

KRS 509.050, the “Exemption” section of the kidnapping statute, provides:

“A person may not be convicted of ... kidnapping when his criminal purpose is the commission of an offense defined outside this chapter and his…