Byrd v. United States

FARRELL, Associate Judge:

On this appeal from his convictions for kidnapping, assault with a dangerous weapon (gasoline), and arson, appellant contends chiefly that the trial judge erred in not submitting to the jury the issue of whether he stood in loco parentis to the children he was charged with kidnapping, thus depriving him of a defense afforded by the statute. 1 The meaning of “parent” as used in the kidnapping statute is a novel issue in this jurisdiction. We hold, in keeping with decisions interpreting the identical exception in the federal kidnapping statute, that a step-parent acting…