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STATE v. MITCHELL

No. 8527SC477.

335 S.E.2d 793 (1985)

STATE of North Carolina v. Jerome MITCHELL.

Court of Appeals of North Carolina.

November 5, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Louis D. Bilionis, Raleigh, for defendant-appellant.

WELLS, Judge.

In his first assignment of error, defendant contends that his conviction of second degree kidnapping cannot stand because there was insufficient evidence to support it. Under the provisions of N.C. Gen.Stat. § 14-39 (Cum.Supp.1983), a kidnapping must have as one of its essential elements a specified unlawful purpose. Defendant was charged with restraining Spake for the purpose of facilitating the commission of a felony or facilitating flight following...

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