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STATE v. WOODRUFF

No. 8322SC1173.

321 S.E.2d 1 (1984)

STATE of North Carolina v. Paul WOODRUFF, Jr.

Court of Appeals of North Carolina.

October 2, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Angeline M. Maletto, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender David W. Dorey, Raleigh, for defendant-appellant.

ARNOLD, Judge.

Defendant first contends that the trial court erred in its instructions to the jury on the kidnapping charge because the instructions given allowed the jury to convict on grounds other than those charged in the indictment. We agree with defendant's contention, but hold that in light of the totality of circumstances, defendant was not prejudiced by the error.

Defendant was tried for kidnapping under...

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