State v. Ingham

—Defendant David R. Brown appeals from his conviction of first-degree kidnapping (RCW 9A.40.020) and first-degree rape (RCW 9.79.170). Three issues are presented on appeal.

1. Was the kidnapping incidental to the rape, requiring a dismissal of the kidnapping charge?

2. Should the jury have been instructed so that it could factually determine that the kidnapping was incidental to the rape?

3. Was the proof sufficient to establish either first-degree kidnapping or first-degree rape? The victim never observed a deadly weapon, although she was verbally threatened with the use of a knife. We affirm…