In State v. Tucker, 317 N.C. 532, 346 S.E.2d 417 (1986), the defendant did not object to the jury instruction and argued plain error on appeal. The indictment charged the defendant with kidnapping by "unlawfully removing the victim from one place to another." Id. at 537, 346 S.E.2d at 420. The jury instruction allowed a conviction for kidnapping if the jury found that defendant unlawfully "restrained" the victim. Id. The Tucker court stated that "it is error, generally prejudicial, for the trial judge to permit a jury to convict upon some abstract theory not supported by the bill of indictment." Tucker, 317 N.C. at 537-38, 346 S.E.2d at 420 (quoting State v. Taylor, 301 N.C. 164, 170, 270 S.E.2d 409, 413 (1980)). The Tucker court went on to find the error reversible under a plain error standard, holding that "in light of the highly conflicting evidence in the instant kidnapping case on the unlawful removal and restraint issues, we think the instructional error might have ... '"tilted the scales" and caused the jury to reach its verdict convicting the defendant.'" Id. at 540, 346 S.E.2d at 422.