State v. . Witherington
Supreme Court of North Carolina
Appeal by defendant from Carr, J., at November Term, 1945, of WayNe. Criminal prosecution upon indictment charging that defendant “unlawfully, willfully and feloniously did forcibly kidnap and carry away Mary Simmons against the form of the statute in such case,” etc. Yerdict: Guilty as charged in the bill of indictment.
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Appeal by defendant from Carr, J., at November Term, 1945, of WayNe. Criminal prosecution upon indictment charging that defendant “unlawfully, willfully and feloniously did forcibly kidnap and carry away Mary Simmons against the form of the statute in such case,” etc. Yerdict: Guilty as charged in the bill of indictment. Judgment: Confinement in tbe county jail for a term of two years assigned to work the roads under the supervision of the State Highway and Public Works Commission. Defendant appeals therefrom to Supreme Court and assigns error.
1Opinion of the CourtWiNBORNE, J.
Among the assignments of error brought forward by defendant on this appeal is that directed to the following portion of the charge given by the court to the jury: “If the State has satisfied you beyond a reasonable doubt from the evidence that the defendant on the day in question, to wit, the third day of March, 1945, did forcibly take and carry away the person of the prosecuting witness, Mary Simmons, from her home some distance from her home, it would be your duty to return a verdict of guilty of kidnapping as charged in the bill of indictment.” We think the exception to this charge is well…
2Cases cited1 opinion
- State v. . HarrisonSupreme Court of North Carolina · 1907
3Cited by12 opinions
- State v. LowrySupreme Court of North Carolina · 1965
- State v. PerrySupreme Court of North Carolina · 1969
- State v. TurnerSupreme Court of North Carolina · 1966
- State v. InglandSupreme Court of North Carolina · 1971
- State v. MurphySupreme Court of North Carolina · 1971
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