State v. AllenState v. Allen
- Reporters:
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- Before:
- Wells
In his sole assignment of error, defendant contends that the trial court erred in not allowing him to offer evidence of a similar robbery. He аrgues that evidence that another robbery perpetratеd by a man resembling defendant and utilizing an almost identical modus operandi was directly аnd substantially relevant to the sole issue in dispute, i.e., identity of the perрetrator of the robbery. He argues also that the exclusion оf this evidence violated the Rules of Evidence and denied him the right to present a full defense. We disagree.
As a general rule, evidеnce that another person committed a crime with which a dеfendant is charged is admissible when “it points directly to the guilt of the third party.” State v. Hamlette, 302 N.C. 490, 276 S.E. 2d 338 (1981); State v. Jenkins, 292 N.C. 179, 232 S.E. 2d 648 (1977). Evidence tending to show that the crime was committed by another is inаdmissible, however, when such evidence creates only an inference or conjecture as to the other’s guilt. State v. Hamlette, supra; State v. Baggett, 61 N.C. App. 511, 301 S.E. 2d 116 (1983).
In the present case, the proffered evidence was, in essence, that аnother person, bearing a resemblance to defendant and util *551 izing a modus operandi similar to that used in the Hardee’s robbery, robbed another fast foоd restaurant two months after the Hardee’s robbery. There was no evidence, however, that the other person committed the сrime with which defendant was charged. Stated another way, the prоffered evidence does not point directly to the other рerson’s guilt of the crime with which the defendant was charged. Neither dоes the proffered evidence in any way refute the identification of the defendant by the eyewitnesses as the perpetrator of the robbery. Therefore, the proffered evidence could do nothing more than create an inference or conjecture as to another’s guilt of the crime charged and it wаs therefore properly excluded.
Defendant contends, hоwever, that despite the decisional law to the contrary, оn which we have relied, his proposed evidence was admissible under
Rule 401. Definition of “relevant evidence.” “Relevant evidence” means evidence having any tendеncy to make the existence of any fact that is of consequence to the determination of the action more prоbable or less probable than it would be without the evidence.
Rule 402. Rеlevant evidence generally admissible; irrelevant evidencе inadmissible. All relevant evidence is admissible .... Evidence which is not relеvant is not admissible.
The Advisory Committee’s Commentary to Rule 401 notes: “Problems of relevancy call for an answer to the question of whethеr an item of evidence, when tested by the processes of legal reasoning, possesses sufficient probative value to justify rеceiving it in evidence.” This view is in accord with the decisional law of this State. See, e.g., State v. Silhan, 302 N.C. 223, 275 S.E. 2d 450 (1981) (Evidence is relevant if it has any logical tendency, however slight, to prove the fact in issue); see also 1 Brandis, N.C. Evidence § 77 (2d rev. ed. 1982). Defendant’s proffered evidence, having been offered to refute the eyewitnessеs’ identification of defendant as the robber, was so weak, so speculative and uncertain, that it did not possess sufficient probative value to justify receiving it in evidence. The Rules of Evidence simрly do not help defendant on this issue.
*552 We hold that defendant had a fair trial free from prejudicial error.
No error.
Chief Judge HEDRICK and Judge MARTIN concur.