State v. Wingo

ARNOLD, Judge.

We agree with defendant’s position that the trial judge failed to properly instruct the jury on the elements of kidnapping. The jury was instructed that kidnapping was the “taking and carrying away without lawful authority of a human being by force, threat of force, or fraud.”

Defendant was charged in an indictment with kidnapping which is a violation of G.S. 14-39. G.S. 14-39 (effective 1 July 1975) provides: “Any person who shall unlawfully confine, restrain, or remove from one place to another, any person 16 years of age or over without the consent of such person, or any other…