State v. Elder

Summary

The Court held that the evidence was insufficient to support the second first-degree kidnapping conviction because the indictment alleged that the movement facilitated the commission of rape, while the evidence showed that the movement occurred after the rape had been completed. The State could have proceeded on a theory that the movement facilitated flight, but that purpose was not alleged in the indictment. The Court affirmed the Court of Appeals and remanded for further proceedings consistent with its opinion.