People v. Culpepper, 13394-5
| Decision Date | 07 March 1974 |
| Docket Number | No. 2,No. 13394-5,13394-5,2 |
| Citation | 52 Mich.App. 121,216 N.W.2d 632 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Susan CULPEPPER, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Frank N. MacLean, Detroit, Charles T. Burke, Livonia (of counsel), for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., W. W. Turton, Pros. Atty., for plaintiff-appellee.
Before McGREGOR, P.J., and QUINN and PETERSON,* JJ.
Pursuant to an order of the Supreme Court dated December 5, 1973 in People v. Culpepper, 390 Mich. 813, 212 N.W.2d 598, we have reviewed our decision in these cases as it appears in 45 Mich.App. 614, 207 N.W.2d 200 (1973), in the light of People v. Adams, 389 Mich. 222, 205 N.W.2d 415 (1973).
This review establishes that the trial court failed to instruct the jury on asportation as mandated by Adams, supra. This failure compels reversal of defendant's conviction for kidnapping.
Reversed.
* WILLIAM R. PETERSON, Circuit Judge for the 28th Judicial Circuit, sitting on the Court of Appeals by assignment pursuant to Const.1963, art. 6, § 23 amended in 1968.
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