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STATE v. SMITH

No. COA07-812.

669 S.E.2d 8 (2008)

STATE of North Carolina v. Kirk Orlando SMITH and Bennie Nathaniel Thompson, Defendants.

Court of Appeals of North Carolina.

December 2, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorneys General Sarah Y. Meacham and John A. Payne, for the State.

Nora Henry Hargrove, Wilmington, for defendant-appellant Smith.

Geoffrey W. Hosford, Wilmington, for defendant-appellant Thompson.

GEER, Judge.

Defendants Kirk Orlando Smith and Bennie Nathaniel Thompson appeal from their convictions for first degree kidnapping and conspiracy to commit first degree kidnapping. Defendants contend on appeal that the trial court should have dismissed the first degree kidnapping charges and submitted only second degree kidnapping to the jury because the State presented evidence that they were acting in concert with another perpetrator who released the victim in a...

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