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PEOPLE v. ADAMS

No. 11 March Term 1972, Docket No. 53,562.

389 Mich. 222 (1973)

205 N.W.2d 415

PEOPLE v. ADAMS

Supreme Court of Michigan.

Rehearing denied June 18, 1973.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce A. Barton, Prosecuting Attorney, and Paula O. Hosick, Chief Appellate Attorney, for the people.

James S. Treciak, defendant on appeal.

WILLIAMS, J.

There are three controlling issues. First, is that part of the Michigan kidnapping statute, MCLA 750.349; MSA 28.581, reading "[a]ny person who wilfully, maliciously and without lawful authority shall forcibly * * * confine or imprison any other person within this state against his will * * * shall be guilty of a felony," constitutionally viable without interpolating asportation or some similar element? Second, could the jury lawfully find asportation...

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