Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Barrett, 228 N.C. App. 655 (Aug. 6, 2013)
In a child sexual assault case, even if an officer’s testimony that the police department had a record of defendant’s date of birth “[f]rom prior arrests” could be considered 404(b) evidence, it was admissible to show a fact other than the defendant’s character: the defendant’s age, an element of the charged offense. Furthermore, there was no reasonable possibility that any error with respect to this testimony could have affected the verdict.