State v. Hall

HUSKINS, Justice.

Defendant first assigns as error the failure of the indictment to specify that the kidnapping was without the victim’s consent. We have held this term that such a contention has no merit.

The term ‘kidnap,’ by itself, continues to have a precise and definite legal meaning under G.S. 14-39(a), to wit, the unlawful seizure of a person against his will. ... In short, common sense dictates that one cannot unlawfully kidnap or unlawfully restrain another with his consent. This being so, we hold that the indictment adequately alleged the essential elements of kidnapping.... We hold…