State v. Owenby’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““For a defendant to be subjected under G.S. 20-179 to the infliction of the heavier punishment for a second offense of driving while under the influence of intoxicating liquor, it is necessary that a prior conviction, and the time and place thereof, be alleged in the warrant and proved by the State. State v. White, 246 N.C. 587 , 99 S.E. 2d 772 ; Harrell v. Scheidt, Comr. of Motor Vehicles [supra] ; State v. Cole, 241 N.C. 576 , 86 S.E. 2d 203 . Whether there was in fact a prior conviction is a question for the jury and not the court. State v. Cole, supra.””

   1 later decision quote this exact passage
   e.g. 21 N.C. App. 70 - State v. Williams

2. ““I have made a study of this record, and I am unable to find any error save the very severe procedure which allows the State to introduce evidence of the defendant’s prior conviction and to permit the Solicitor to read to the jury the warrant which alleged the prior convictions.””

   1 later decision quote this exact passage
   e.g. State v. St. John