State v. Lang

BECTON, Judge.

The defendant raises two issues on appeal: (1) whether the trial court, in its instructions on kidnapping, should have submitted to the jury the lesser included offense of false imprisonment; and (2) whether the trial court should have allowed a witness to testify to the time a store closed based upon the witness’ reading of a coded disk from an automatic time-lock device. For the reasons that follow, we believe the defendant is entitled to a new trial.

I

The crime of false imprisonment is a lesser included offense of the crime of kidnapping. State v. Bynum, 282 N.C. 552, 193 S.E.…