Burton v. Commonwealth
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Appellee Winston Burton was convicted for abduction in violation of state law. The victim brought her car to Appellee for service. Appellee asked the victim for "help" while he examined the car; after five to ten minutes, the victim began to feel uncomfortable, and exited the car. As she stepped away, she saw Appellee squatting down near the rear wheel with his hand in his unzipped pants. The victim told Appellee she needed to leave, but Appellee stepped in front of her "kind of block[ing]" her way to the car. She repeated that she needed to leave, and Appellee stepped aside. Appellee was indicted for abduction and found guilty after a jury trial. Appellee challenged his conviction to the appellate court which affirmed the trial court's decision. The Supreme Court agreed to review the record, and found the evidence at trial insufficient to prove that Appellee intended to deprive the victim of her personal liberty. The Court held that it was clear from the record that Appellee's intent was to deceive the victim into positioning herself in the car in such a way that he could gain sexual gratification by observing her; however briefly detained, the Court found Appellee's actions were made in pursuit of the gratification not with the intent to deprive the victim of her personal liberty. The Court vacated the lower court's conviction and dismissed the indictment.
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