BRIDGEWATER, C.J.
Mayme June Simms appeals her conviction and sentence for kidnapping in the second degree. We hold that there was not sufficient evidence to prove that the 93-year-old alleged victim was incompetent and that there was no person who had lawful custody or control of him who failed to acquiesce in his movement and that therefore the State failed to prove "restraint" for the purposes of kidnapping. We reverse.
In October 1997, Simms was hired...
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