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STATE v. BARBOUR

No. 65.

180 S.E.2d 115 (1971)

278 N.C. 449

STATE of North Carolina v. Mitchell Wayne BARBOUR.

Supreme Court of North Carolina.

April 14, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. William B. Ray, for the State.

Wallace Ashley, Jr., Smithfield, for defendant-appellant.

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, Mallory v. North Carolina, 382 U.S. 22, 86 S.Ct. 227, 15 L.Ed.2d 16 (1965).

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