delivered the opinion of the court:
In a jury trial in the circuit court of Macon County defendant, John Edward Mulcahey, was convicted of the offenses of aggravated kidnaping (Ill. Rev. Stat. 1973, ch. 38, par. 10 — 2) and attempt (armed robbery) (Ill. Rev. Stat. 1973, ch. 38, par. 8 — 4) and sentenced to concurrent terms in the penitentiary. The appellate court affirmed (
Mr. Luttrell placed $25,000 in a briefcase and drove
While conceding that the evidence was sufficient to prove the offense of unlawful restraint (111. Rev. Stat. 1973, ch. 38, par. 10 — 3) defendant contends that it failed to show that Mrs. Luttrell was secretly confined; that secret confinement is a necessary element of the offense of aggravated kidnaping and must be proved beyond a reasonable doubt; and that because there was no proof of secret confinement the conviction cannot stand.
The statutes in pertinent part provided:
“Kidnapping occurs when a person knowingly:
(1) And secretly confines another against his wEI, ***.” Ill. Rev. Stat. 1973, ch. 38, par. 10 — 1(a)(1).
“A kidnaper within the definition of Section 10 — 1(a) is guilty of the offense of aggravated kidnaping when he:
(1) Kidnaps for the purpose of obtaining ransom from the person kidnaped or from any other person, ***.” Ill. Rev. Stat. 1973, ch. 38, par. 10-2(a)(l).
In People v. Bishop (1953),
“Secret” has been variously defined as: “Concealed; hidden; not made public; particularly, in law, kept from the knowledge or notice of persons liable to be affected by the act, transaction, deed, or other thing spoken of.” (Black’s Law Dictionary 1519 (4th ed. 1951).) Although there are differences in the language of the relevant statutes, our review of the authorities (State v. Weir (Mo. 1974),
Defendant contends next that the evidence failed to prove that in pointing a gun at Mr. Luttrell and ordering him to get in the automobile, defendant acted with the intent to commit armed robbery, and that the conviction for attempt must be reversed. The statutes in pertinent part provided:
“8 — 4. Attempt, (a) Elements of the offense.
A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a substantial step toward the commission of that offense.” Ill. Rev. Stat. 1973, ch. 38, par. 8 — 4(a).
“18 — 1. Robbery, (a) A person commits robbery when he takes property from the person or presence of another by the use of force or by threatening the imminent use of force.” Ill. Rev. Stat. 1973, ch. 38, par. 18 — 1(a).
“18 — 2. Armed Robbery, (a) A person commits armed robbery when he violates Section 18 — 1 while armed with a dangerous weapon.” Ill. Rev. Stat. 1973, ch. 38, par. 18 — 2(a).
Although it is not entirely clear from the testimony of Mr. and Mrs. Luttrell whether defendant had instructed Mr. Luttrell to meet him with the ransom money or to leave it in a briefcase at the rear of Nino’s restaurant in the Colonial Mall, in defendant’s statement, read into evidence, he stated that he had directed Mr. Luttrell to bring the money to the shopping center and that he would meet him there in a half hour.
The evidence shows that defendant was armed with a gun and proof of intent to commit armed robbery did not require that he make a specific demand of Mr. Luttrell for the money which he had instructed him to bring. (People v. Murff (1963),
For the reasons stated the judgment is affirmed.
Judgment affirmed.
MR. JUSTICE UNDERWOOD took no part in the consideration or decision of this case.
