MOBLEY, Justice.
The Court of Appeals certified to this court for answer the following question: "Where the mother of a child under 18 years of age is awarded temporary custody of the child in a divorce and alimony proceeding filed by the mother of the child against the father of the child, is the father guilty of kidnapping the child under Code § 26-1602 if the jury trying him under an indictment under said Code section finds that he with force and arms...
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