Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Diaz, ___ N.C. App. ___, 808 S.E.2d 450 (Nov. 21, 2017)
aff'd on other grounds, ___ N.C. ___, ___ S.E.2d ___ (Aug. 16, 2019)
The trial court did not err by denying the defendant’s motion to dismiss a charge of abduction of a child under G.S. 14-41. The defendant, who had a sexual relationship with the child victim, argued that the evidence showed that the child voluntarily left her home. The court rejected this argument, noting in part that the defendant induced the child to leave with him by telling her that if she didn’t come with him she would never see him again.