State v. Swaggerty

Defendant was convicted of first degree kidnapping and appeals. He assigns as error the denial of his motion for judgment of acquittal, claiming that the proof did not show kidnapping, but that if kidnap ping were proved, then it was only kidnapping in the second degree. A summary of the facts is required.

At 2:30 a.m., the defendant approached the victim who was sitting in her car in the parking lot of a bar. He. asked the time. As she rolled down the window, the defendant put the point of a knife into her arm and warned her that he would kill her if she screamed or tried to escape. He then…