State v. Irwin

The Supreme Court further clarified the "separate act" requirement in State v. Irwin, 304 N.C. 93, 103, 282 S.E.2d 439, 446 (1981), holding that removal of an employee at knifepoint from the front to the rear of a pharmacy to open the safe and obtain drugs was "an inherent and integral part of the attempted armed robbery," and, therefore, the removal was legally insufficient to convict the defendant of a separate charge of kidnapping. The Court also noted that the defendant did not expose the victim "to greater danger than that inherent in the armed robbery itself, nor was the victim subjected to the kind of danger and abuse the kidnapping statute was designed to prevent." Id. As a result, the Court concluded that the defendant's removal of the victim was "a mere technical asportation" requiring dismissal of the kidnapping charge. Id.