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STATE v. WHITAKER

No. 502A85.

342 S.E.2d 514 (1986)

STATE of North Carolina v. Gustarivus WHITAKER.

Supreme Court of North Carolina.

May 6, 1986.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Eugene A. Smith, Sr. Deputy Atty. Gen., and Michael Rivers Morgan, Asst. Atty. Gen., Raleigh, for State.

Malcolm Ray Hunter, Jr., Acting Appellate Defender, Raleigh, for defendant-appellant.

EXUM, Justice.

In his appeal defendant contends (1) the evidence presented at trial was insufficient to support his conviction for kidnapping to facilitate attempted second degree rape;1 and (2) the trial court committed reversible error by denying defendant's timely request to instruct the jury on the lesser included offense of false imprisonment. The Court of Appeals answered both questions adversely to defendant. We agree with the Court...

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