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137 N.C. App. 282

528 S.E.2d 32

State v. Elliott

Court of Appeals of North Carolina · decided 2000-04-04

Cited by 4 later decisions — most recently April 2005

4 state decisions

Relies on State v. Pierce

Good law ✅— No negative treatment on recordhow we know

Decided 2000-04-04

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Judge Edmunds

¶1concuring in the result with a separate opinion.

¶2Because our Supreme Court has held that Rule 404(b) permits evidence of another wrong to be admitted to establish intent where the crime at trial is a general intent offense, see State v. Pierce, 346 N.C. 471, 488 S.E.2d 576 (1997), I cannot agree with that portion of the opinion addressing intent or with footnote 2. However, I concur that admission of defendant’s 1994 assault in this instance merely showed his propensity to indulge in that kind of conduct and that its improperly prejudicial effect outweighed any probative value. See N.C. Gen. Stat. § 8C-1, Rule 403 (1999).

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