150 N.C. App. 682 - State v. Lowe’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a conviction of felonious assault requires a showing that a deadly weapon was used and serious injury resulted, while if the evidence shows that only one of the two elements was present, i.e., that either a deadly weapon was used or serious injury resulted, the offense is punishable only as a misdemeanor.”

   2 later decisions quote this exact passage
   e.g. State v. Thomas · 186 N.C. App. 447 - State v. Tillery

2. “[i]t is the duty of the trial court to instruct the jury on the law applicable to the substantive features of the case arising on the evidence, and when there is evidence to support the lesser included offense of voluntary manslaughter, [the] defendant is entitled to have that offense submitted to the jury under proper instructions.”

   1 later decision quote this exact passage
   e.g. 203 N.C. App. 150 - State v. Parnell

3. “submit lesser included offenses as possible verdicts, even in the absence of a request by the defendant, where sufficient evidence of the lesser offense is presented at trial.”

   1 later decision quote this exact passage
   e.g. 203 N.C. App. 150 - State v. Parnell