People v. Mitchell

Defendant was convicted, after jury trial, of felony murder predicated on aggravated kidnapping. Defendant was not prosecuted for aggravated kidnapping, and the term "kidnapping" was employed in a general, nontechnical context, and need not be defined. Jury was presented with evidence that Defendant and codefendants duct-taped victim's limbs, forcibly removed him from his business, held him in basement of a residence, and transported him to Indiana against his will. Thus, there was no serious risk the jury did not understand definition of kidnapping. Jury would not have been misled or confused by jury instructions presented, although definitional instruction for "kidnapping" was not provided to jury. (McBRIDE and GORDON, concurring.)