STATE v. WINGO

No. 7620SC133.

226 S.E.2d 221 (1976)

30 N.C. App. 123

STATE of North Carolina v. Herman WINGO.

Court of Appeals of North Carolina.

July 7, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Alan S. Hirsch, Raleigh, for the State.

Joe P. McCollum, Jr., Monroe, for defendant-appellant.


ARNOLD, Judge.

We agree with defendant's position that the trial judge failed to properly instruct the jury on the elements of kidnapping. The jury was instructed that kidnapping was the "taking and carrying away without lawful authority of a human being by force, threat of force, or fraud."

Defendant was charged in an indictment with kidnapping which is a violation of G.S. 14-39. G.S. 14-39 (effective 1 July 1975) provides: "Any person who shall unlawfully...

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