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STATE v. TAYLOR

No. 1.

270 S.E.2d 409 (1980)

301 N.C. 164

STATE of North Carolina v. Norris Carlton TAYLOR.

Supreme Court of North Carolina.

October 7, 1980.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Sp. Deputy Atty. Gen., Ann Reed and Associate Atty., William R. Shenton, Raleigh, for the State.

Mary Ann Talley, Public Defender, Fayetteville, for defendant.

CARLTON, Justice.

We find prejudicial error in the trial court's instructions on kidnapping under G.S. 14-39 (Cum.Supp.1979) and hold that he is entitled to a new trial in the kidnapping case. We find no error in the trial for first degree rape.

I.

Briefly, evidence for the State tended to show that on the evening of 28 August 1978 Jewel Taylor, an accountant, was returning to work and parked her car in the parking lot of the Wachovia Bank Building...

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