# State v. Hipps

> Supreme Court of North Carolina · July 9, 1998 · 348 N.C. 377

URL: https://www.frixlaw.com/law-library/cases/9624915

## Case

- **Full name:** State of North Carolina v. Anthony Jerome Hipps
- **Court:** Supreme Court of North Carolina
- **Decided:** July 9, 1998
- **Citations:** 348 N.C. 377; 501 S.E.2d 625; 1998 N.C. LEXIS 330
- **Precedential status:** Published
- **Opinion:** Concurrence by Webb
- **Judges:** Parker, Webb
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9624915

## How later opinions describe it (automated extraction)

- holding that evidence of a previous murder committed by the defendant satisfied the similarity requirement of Rule 404(b) when both the previous offense and that for which defendant was tried involved similar knife wounds and head trauma to the victim
- holding that defendant was not in custody when “defendant got into the car on his own, sat beside the officer in the front seat, was not handcuffed, and was not told he was under arrest or that he could not leave”
- concluding that prosecutor’s questions “designed to elicit that another conclusion could be drawn from the facts” were “well within the bounds of proper cross-examination of an expert witness”
- rejecting argument that the trial court abused its discretion in admitting evidence of prior bad acts where the “court was aware of the potential danger of unfair prejudice to defendant . . . was careful to give a proper limiting instruction to the jury” and the evidence was “…
- holding that introducing evidence of crime committed seventeen years earlier did not violate temporal proximity requirement

## Opinion text

Justice Webb
concurring in the result.
I concur in the result reached by the majority but I believe evidence that the defendant had committed a murder seventeen years previously should have been excluded pursuant to N.C.G.S. § 8C-1, Rule 404(b).
The majority says this evidence was admissible to prove intent and was thus not barred as evidence showing the defendant’s propensity to commit the crime with which he is charged in this case. The majority says this is so because, “The fact that defendant had previously killed a person in the same way demonstrated . . . that defendant knew what he was doing, knew that his actions would result in the victim’s death, intended to kill the victim, and did not simply lose control.”
The evidence showed the victim had thirty-four stab wounds to the body, stab wounds to the head that penetrated the skull, and an extensive fracture at the base of the skull. It is inconceivable to me that on this evidence it was necessary to show the defendant had previously committed murder in order to prove he knew his action would cause the death of the victim. The defendant is bound to have known that his action would cause the victim’s death.
The evidence of the previous murder was of no probative value in proving the defendant’s intent. It was probative of the defendant’s propensity to commit murder. It should have been excluded.
Because of the strong evidence against the defendant, I am satisfied there is not a reasonable possibility that there would have been a different result had this error not occurred. I would hold it is harmless error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9624915. Public record. Not legal advice.