State v. . Smith

An examination of the evidence in this case leads us to the conclusion that the defendants’ motion for judgment of nonsuit on the charge of kidnaping should have been allowed.

It appears that defendants suspected the State’s witness Mitchell of having taken a pistol belonging to Tudor, who is his wife’s first cousin. Defendants Smith and Tudor accosted him at a dance hall in Roanoke Rapids, North Carolina, and expressed the desire to talk with him. He testified that he went across street with Tudor of his own free will, though Tudor held his arm, and that he got in an automobile with Smith,…