State v. Powell

In State v. Powell, 340 N.C. 674, 459 S.E.2d 219 (1995), cert. denied, 516 U.S. 1060, 133 L. Ed. 2d 688, 116 S. Ct. 739 (1996) the defendant was convicted of first-degree felony murder. At trial, a State's witness testified over defendant's objection that she and defendant used cocaine every day while they were living together. She also testified that during that time neither she nor defendant was employed, and their sole source of income was monthly AFDC and Social Security checks. Our Supreme Court concluded that the trial court properly ruled this evidence admissible pursuant to Rule 404(b). Id. at 690, 459 S.E.2d at 227. The Powell Court stated that the "evidence permits the inference that defendant needed money once the checks stopped . . . and decided to commit the robbery to obtain that money." Id.