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Legal Opinion

State v. Penley

Supreme Court of North Carolina

Decided January 20, 1971No. 88PublishedCited by 34 opinions

1Opinion of the Court

HUSKINS, Justice.

Defendant contends the trial court erred in denying his motion to quash the bill of indictment, arguing that the common law definition of kidnapping must be used in a kidnapping in dictment in order to inform the defendant of the charges against him. No authority is cited for his position.

G.S. 14-39 provides in pertinent part: “It shall he unlawful for any person . . . , male or female ... to kidnap . . . any human being. . . . Any person . . . violating . . . any provisions of this section shall be guilty of a felony. ...”

We held in State v. Lowry and Mallory, 263 N.C. 536,…

2Cases cited21 opinions

  1. State v. LowrySupreme Court of North Carolina · 1965
  2. Johnson v. CommonwealthSupreme Court of Virginia · 1968
  3. State v. BruceSupreme Court of North Carolina · 1966
  4. State v. BlackwellSupreme Court of North Carolina · 1970
  5. State v. TurnerSupreme Court of North Carolina · 1966

16 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. State v. JacksonSupreme Court of North Carolina · 1983
  2. State v. SturdivantSupreme Court of North Carolina · 1981
  3. State v. WallsSupreme Court of North Carolina · 1995
  4. State v. SextonSupreme Court of North Carolina · 1994
  5. State v. AlstonSupreme Court of North Carolina · 1978

29 more not listed; retrieve them via the Exa API.

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