Adams v. State

Mobley, Justice.

The Court of Appeals certified to this court for answer the following question: “Where the mother of a child under 18 years of age is awarded temporary custody of the child in a divorce and alimony proceeding filed by the mother of the child against the father of the child, is the father guilty of kidnapping the child under Code § 26-1602 if the jury trying him under an indictment under said Code section finds that he with force and arms fraudulently, maliciously and forcibly led, abducted, stole and carried away and enticed and carried away the child (alleged to have been…