Legal Opinion

State v. Barbour

Supreme Court of North Carolina

Decided April 14, 1971No. 65PublishedCited by 60 opinions

1Opinion of the Court

BOBBITT, Chief Justice.

At common law and as used in G.S. 14-39, the word “kidnap” means the unlawful taking and carrying away of a human being by force and against his will. State v. Lowry, 263 N.C. 536, 139 S.E. 2d 870 (1965), appeal dismissed and certiorari denied, 382 U.S. 22, 15 L. Ed. 2d 16, 86 S.Ct. 227 (1965).

“The use of actual physical force or violence is not always essential to the commission of the offense of kidnapping .... The crime of kidnapping is frequently committed by threats and intimidation and appeals to the fears of the victim which are sufficient to put an ordinarily…

2Cases cited15 opinions

  1. State v. WilliamsSupreme Court of North Carolina · 1969
  2. State v. LowrySupreme Court of North Carolina · 1965
  3. State v. PerrySupreme Court of North Carolina · 1969
  4. State v. BruceSupreme Court of North Carolina · 1966
  5. State v. BarrowSupreme Court of North Carolina · 1970

10 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. State v. CovingtonSupreme Court of North Carolina · 1976
  2. State v. TatumSupreme Court of North Carolina · 1976
  3. State v. MacKSupreme Court of North Carolina · 1972
  4. State v. BooneSupreme Court of North Carolina · 1977
  5. State v. BaxterSupreme Court of North Carolina · 1974

55 more not listed; retrieve them via the Exa API.

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