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STATE v. HALL

No. 101.

286 S.E.2d 552 (1982)

STATE of North Carolina v. Ezekiel HALL.

Supreme Court of North Carolina.

January 27, 1982.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Robert R. Reilly and Sarah C. Young, Asst. Attys. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender by Malcolm R. Hunter, Jr., Asst. Appellate Defender, Raleigh, for defendant-appellant.

HUSKINS, Justice:

Defendant first assigns as error the failure of the indictment to specify that the kidnapping was without the victim's consent. We have held this term that such a contention has no merit.

The term `kidnap,' by itself, continues to have a precise and definite legal meaning under G.S. 14-39(a), to wit, the unlawful seizure of a person against his will.... In short, common sense dictates that one cannot unlawfully kidnap or unlawfully restrain...

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