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STATE v. FRANKS

No. 8426SC990.

329 S.E.2d 717 (1985)

STATE of North Carolina v. Clint Edwards FRANKS.

Court of Appeals of North Carolina.

May 21, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. John R. Corne, for the State.

Asst. Appellate Defender Robin E. Hudson for defendant-appellant.

WHICHARD, Judge.

The issue is whether the court erred in refusing to instruct the jury on false imprisonment, a lesser included offense of kidnapping. We hold that the court did not err.

The necessity for instructing as to a lesser included offense arises only when there is evidence from which the jury could find that the crime of lesser degree was committed. State v. Bradshaw, 27 N.C. App. 485, 487,

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