State v. . Dowell’s Empirical Analysis

Citation profile

1 district · 13 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “. . It is true that [the husband] may enforce sexual connection, and, in the exercise of this marital right, it is held that he cannot be guilty of the offense of rape. But it is too plain for argument, that this privilege is a personal one only. Hence if, as in Lord Audley’s case, 3 Howard State Trials, the husband aids and abets another to ravish his wife, he may be convicted as if he were a stranger. The principle is thus tersely expressed by Sir Matthew Hale: ‘For though in marriage she hath given up her body to her husband, she is not to be by him prostituted to another.’ ...” 106 N.C. 722 at 724 , 11 S.E. 525 at 525 .”

   1 later decision quote this exact passage
   e.g. 17 N.C. App. 317 - State v. Martin

2. ““And, therefore, though a man may be violently assaulted, and hath no other possible means of escaping death but by killing an innocent person, this fear and force shall not acquit him of murder, for he ought rather to die himself than escape by the murder of an innocent.””

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