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STATE v. AMELL

86-CR-49; A40138; S33687.

736 P.2d 561 (1987)

303 Or. 355

STATE of Oregon, Respondent On Review, v. Gary Joe AMELL, Petitioner On Review.

Supreme Court of Oregon, In Banc.

May 12, 1987.

Attorney(s) appearing for the Case

Sally L. Avera, Deputy Public Defender, Salem, argued the cause for petitioner on review. With her on the petition was Gary D. Babcock, Public Defender for Oregon, Salem.

David Schuman, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

GILLETTE, Justice.

This is a criminal case in which defendant appeals his conviction for kidnapping in the second degree. The specific issue raised is whether a person who has voluntarily entered a car but who remains in the car because of a misrepresentation by defendant is a person who has been taken from one place to another "without consent" under the second degree kidnapping statute, ORS 163.225(1)(a). Defendant contends that once his hitchhiker victim had consented...

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