People v. Culpepper

Full title: PEOPLE v CULPEPPER (ON REMAND)

Court: Michigan Court of Appeals

Date published: Mar 7, 1974

216 N.W.2d 632 (Mich. Ct. App. 1974)

216 N.W.2d 632

Opinion

Docket Nos. 13394, 13395.

Decided March 7, 1974.

Appeal from St. Clair, Halford I. Streeter, J. Submitted Division 2 February 13, 1973, at Lansing. (Docket Nos. 13394, 13395.) Decided March 7, 1974.

Susan Culpepper was convicted of armed robbery and kidnapping. Defendant appealed. Affirmed, 45 Mich. App. 614 (1973). Remanded by the Supreme Court for reconsideration of kidnapping conviction, 390 Mich. 813. Reversed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Walter W. Turton, Prosecuting Attorney, and Peter E. Deegan, Chief Assistant Prosecuting Attorney, for the people.

Charles Burke, for defendant.

Before: McGREGOR, P.J., and QUINN and PETERSON,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

Pursuant to an order of the Supreme Court dated December 5, 1973 in People v Culpepper, No. 54819 ( 390 Mich. 813), 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.