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STATE v. VERT

No. 784SC611.

249 S.E.2d 476 (1978)

39 N.C. App. 26

STATE of North Carolina v. James P. VERT.

Court of Appeals of North Carolina.

December 5, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Christopher P. Brewer, Raleigh, for the State.

Tharrington, Smith & Hargrove by Roger W. Smith, Raleigh, for defendant-appellant.

CLARK, Judge.

First, the defendant contends that there was insufficient evidence to support the kidnapping conviction because the evidence failed to show a restraint, in violation of G.S. 14-39(a), separate and apart from the restraint that is inherent in the commission of armed robbery, as required by the decision in State v. Fulcher, 294 N.C. 503, 243 S.E.2d 338 (1978).

G.S. 14-39...

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