State v. Ange
State v. Ange
Opinion of the Court
The sole question presented on appeal is whether the trial court erred in allowing the testimony of a witness who claimed to
The trial court admitted the witness’s testimony for the purpose of identifying the defendant as the perpetrator of the crime charged by the prosecutrix in the present case. Although the “general rule is that in a prosecution for a particular crime, the State cannot offer evidence tending to show that the accused has committed another distinct, independent or separate offense,” State v. McClain, 240 N.C. 171, 173, 81 S.E. 2d 364, 365 (1954), when “the accused is not definitely identified as the perpetrator of the crime charged and the circumstances tend to show that the crime charged and another offense were committed by the same person, evidence that the accused committed the other offense is admissible to identify him as the perpetrator of the crime charged.” State v. McClain, 240 N.C. at 175, 81 S.E. 2d at 367.
The defendant argues that the question of identity was not at issue in his trial, and that therefore the identity exception does not apply. The defendant cites State v. Pace, 51 N.C. App. 79, 275 S.E. 2d 254 (1981), where evidence of a prior rape was held to be inadmissible because the identity of the defendant as the perpetrator was not in issue. Yet, in Pace, before the witness who would testify to the prior rape was called, the defense counsel informed the court that defendant would rely upon the defense of consent. Further, the defendant there took the stand, and his testimony tended to show that he was with the prosecuting witness at the time involved and that acts of intercourse and fellatio did occur. State v. Pace, 51 N.C. App. at 83, 275 S.E. 2d at 256.
In the present case, the record contains no indication that the defense counsel removed the issue of identity. Nor did the defendant or any witness for the defendant take the stand and give evidence that defendant and the prosecutrix were together on the evening in question, and had sexual intercourse. The State thus had the burden of proving that the prosecutrix’s attacker and the defendant were one and the same. In the absence of an admission by the defendant or defense counsel, the identity of the perpetrator was an issue at trial.
The trial court did not err in admitting the witness’s testimony for the purpose of identifying the defendant as the man who raped the prosecutrix.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.