Lacking v. State

MODIFIED OPINION ON MOTION TO MODIFY OR CLARIFY OPINION

SOUTHWICK, P.J.,

for the Court:

¶ 1. After the release of our original opinion, the State moved for a modification pursuant to Appellate Rule 27(a). See M.R.A.P. 40 cmt. We grant the motion, withdraw the original opinion, and substitute this document. Armster Lacking was found guilty by a Pike County Circuit Court jury of kidnapping. On appeal, Lacking argues that there was insufficient evidence of kidnapping, that the child victim was not a competent witness, that a statement that the child made shortly after the incident was not…