State v. Tucker

EXUM, Justice.

In his appeal defendant contends the trial court (1) committed reversible error in failing to dismiss the kidnapping charges for insufficient evidence; (2) committed plain error in instructing the jury on a theory of kidnapping not charged in the indictment; (3) denied defendant a fair trial by overruling objections to the prosecutor’s closing argument concerning defendant’s prior criminal acts; and (4) committed plain error in instructing the jury that a knife is a deadly weapon. We conclude defendant’s second and third contentions have merit and entitle him to a new trial. We…