State v. . Sullivan

Brant Sullivan, Clarence Sullivan, Britt Sullivan, and Warden Mercer were indicted for kidnapping. In S. v. Harrison, 145 N. C., at p. 417, the following instruction of the court below was upheld: “By kidnapping is meant the taking and carrying away of a person, forcibly or fraudulently.” All were found guilty except Britt Sullivan. On the trial all the defendants plead “Not guilty.” During the trial the defendants Warden Mercer, Brant (Bryant) Sullivan, and Clarence Sullivan, testified in their own behalf, and denied their guilt.

At the close of defendants’ evidence, the State, in rebuttal,…