152 N.C. App. 358 - State v. Hornsby’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant has been charged with first-degree burglary, which is breaking and entering the occupied dwelling house or sleeping apartment of another without his consent in the nighttime with the intent to commit murder. For you to find the defendant guilty of this offense, the State must prove six things beyond a reasonable doubt. First, that there was a breaking and an entering — and an entry by the defendant. Second, that it was a dwelling house or sleeping apartment that was broken into and entered. Third, that the breaking and entering was during the nighttime. Fourth, that at the time of the breaking and entering, the dwelling house or sleeping apartment was occupied. Fifth, that the owner or tenant did not consent to the breaking and entering. And, sixth, that at the time of the breaking and entering, the defendant intended to commit murder within the dwelling house or sleeping apartment. Murder is the killing of another living human being with malice. If you find from the evidence beyond a reasonable doubt that on or about the alleged date the defendant broke into and entered an occupied dwelling house or sleeping apartment without the owner’s or tenant’s consent during the nighttime, and at that time intended to commit a murder therein, it would be your duty to return a verdict of guilty of first-degree burglary. If you do not so find or have a reasonable doubt as to one or more of these things, you will not return a verdict of guilty of first-degree burglary.”

   1 later decision quote this exact passage
   e.g. 210 N.C. App. 697 - State v. Wright