STATE v. FULCHER

No. 7721SC255.

237 S.E.2d 909 (1977)

STATE of North Carolina v. David Lee FULCHER.

Court of Appeals of North Carolina.

October 19, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Counsel Henry H. Burgwyn, Raleigh, for the State.

Harper & Wood by J. Randolph Cresenzo, Winston-Salem, for defendant appellant.


CLARK, Judge.

The defendant challenges the constitutionality of the new kidnapping statute, a rewriting of G.S. 14-39, effective 1 July 1975, contending that subsection (a)(2) of the statute subjects him to conviction for two crimes where only one was committed, a violation of the due process and equal protection clause of the Federal Constitution.

The new statute reads in pertinent part:

"Any person who shall unlawfully confine, restrain, or remove...

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