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261 N.C. 17

134 S.E.2d 101

State v. Knight

Supreme Court of North Carolina

Decided January 17, 1964

Supreme Court of North Carolina · decided 1964-01-17

Appeal by defendant from Shaw, J., 10 June 1963 Regular Criminal Session, oif ROCKINGHAM. Criminal prosecution 'on a three-count indictment charging the defendants with (1) .non-iburglariously breaking anid entry, (2) larceny of a metal safe, of $75,000 in U. S. currency, .and of ¡stock and saouri-tiasof the value of $100,000, and (3) receiving.

Good law ✅— No negative treatment on recordhow we know

Decided 1964-01-17

How this case has been cited

Cited by 47 later decisions — most recently March 1998 · most notably State v. Wilson (1985), State v. Henderson (1974)

45 state decisions

1601964197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bobbitt, J.,

¶1dissenting in part as to defendant Knight: In my opinion, the admission-over Knight’s objection of (1) Mr. Vanderford’s testimony as to what Knight said to him on September 15, 1962, and (2) of the -drawings referrad to- in this/testimony, was prejudicial error for which Knight is entitled to a new trial. This evidence tended to show that Knight, prior to- September 15, 1962, had studied the working parts of safes and had “robbed” one -or more safes and was the kind -of person you would siospect whenever there was a “robbery” of a safe.

¶2The applicable rule is stated as follows: “Evidence of other offenses •is inadmissible if its only relevancy iis to- show the character of the accused- or his -disposition to commit an offense of the nature of the one -charged; but if it tends to prove .any other relevant fact it will not foe excluded -merely -because it also shows him to-.-have been guilty of an independent crime.” 'Stamisbury, North Carolina Evidence, Second Edition, § 91. In my opinion, the -general rule -controls here and the- evi-*31deuce should Lave been excluded. Here there is no question ¡ais to the animus of the person(s) who broke 'and entered Dr. MoAnal-ly’s home and carried away his safe and its contents.

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