In State v. Agnew the defendant alleged that the trial court erred for failing to set aside the jury's verdict of finding him guilty of kidnapping. His contention was that the state had not proved the element of the kidnapping statute, section 565.110, relating to using a person as a "hostage" because he did not request specific demands to negotiators for the victim's release and there was no evidence that the victim was confined in order to gain from her or anyone else. The Eastern District of the Missouri Court of Appeals found that the term "hostage" in section 545.110 is to be defined by its plain and ordinary meaning. It determined that the defendant held the victim "hostage" because he held her captive in her apartment and threatened to kill her if (a) her relatives did not leave the area of the door to her apartment, (b) the police officers did not leave the area of the door to her apartment, and (c) if the police officers did not get the defendant a negotiator. The jury's verdict of guilty on the kidnapping charge was upheld.
Source: State of Missouri v. Wayne Agnew, ED87758, Missouri Court of Appeals, Eastern District, February 20, 2007
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