State v. Taylor

CARLTON, Justice.

We find prejudicial error in the trial court’s instructions on kidnapping under G.S. 14-39 (Cum. Supp. 1979) and hold that he is entitled to a new trial in the kidnapping case. We find no error in the trial for first degree rape.

I

Briefly, evidence for the State tended to show that on the evening of 28 August 1978 Jewel Taylor, an accountant, was returning to work and parked her car in the parking lot of the Wachovia Bank Building in downtown Fayetteville, North Carolina. As she walked from her car toward the building, she noticed a black male, later identified as the…