Malone v. Commonwealth

The Supreme Court affirmed the judgment of the trial court convicting Defendant of kidnapping with serious physical injury and other offenses, holding that the trial court did not err when it instructed the jury on the crime of kidnapping with serious physical injury.On appeal, Defendant argued that the trial court’s jury instruction on the crime of kidnapping with serious physical injury was improper because the serious physical injury suffered by the victim was inflicted before the kidnapping occurred. The Supreme Court disagreed, holding that the trial court did not err in instructing the jury because the victim did suffer a serious physical injury “during the kidnapping” because Defendant’s infliction of the serious physical injury could be said to be the “first step of the kidnapping.” View "Malone v. Commonwealth" on Justia Law