STATE v. McCLAIN

No. 865SC1115.

356 S.E.2d 826 (1987)

STATE of North Carolina v. John Davis McCLAIN.

Court of Appeals of North Carolina.

June 16, 1987.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. David R. Minges, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defender David W. Dorey, Raleigh, for defendant-appellant.


GREENE, Judge.

After indictment for first degree rape and first degree kidnapping, defendant was found guilty of misdemeanor assault on a female and first degree kidnapping. The trial judge sentenced defendant to 40 years' imprisonment for the kidnapping conviction and two years' imprisonment for the assault conviction. Defendant asserts error in the jury instructions and appeals his conviction of first degree kidnapping.

The State's evidence at trial tended...

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