State v. Smith’s Empirical Analysis

Citation profile

1 federal appellate · 11 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The right to slay him cannot be justified merely by the baseness of his nature, but it is founded upon the natural right to protect person or property. He has the good-will of mankind because of his friendship and loyalty, which are such marked traits of his character that they have been touchingly portrayed both in song and story. Why, then, should he be declared an outlaw and a nuisance, and forfeit his life without any sufficient cause? This was never the law. Neither at the common law nor since the passage of our present statute prohibiting cruelty to animals can a dog be killed for the commission of any slight or trival [sic] offense (S. v. Neal, 120 N.C., 614 ); nor to redress past grievances (Morse v. Nixon, supra [ 51 N.C., 293 ]). As said by Chief Justice Pearson in the last cited case: ‘It may be the killing will be justified by proving that the danger was imminent — making it necessary “then and there” to kill the hog in order to save the life of the chicken, or prevent great bodily harm.’ ” Id. at 631.”

   1 later decision quote this exact passage
   e.g. 36 N.C. App. 354 - State v. Simmons

2. “Upon the facts of this case we are of the opinion, and so decide, that the defendants were guilty, and that while the judge erred when he charged that if the dog was actually killing the turkeys it would be no defense or justification for the killing, this error was harmless, as there was no evidence that the danger to the turkeys was imminent and (that) the necessity to kill was apparent. . . . He (the dog) could have been driven away without resorting to extreme punishment, for it was nothing but punishment inflicted upon him for his supposed past transgressions, that is, resentment and retaliation. It was an act unlawful at common law and willful within the meaning of the statute as construed in S. v. Clifton , 152 N.C. 802 (800).”

   1 later decision quote this exact passage · from the majority
   e.g. State v. . Dickens

3. ““It is not the dog’s predatory habits, nor his past transgressions, nor his reputation, however bad, but the doctrine of self-defense, whether of person or property, that gives the right to kill.” Id. at 635.”

   1 later decision quote this exact passage · from the majority
   e.g. 36 N.C. App. 354 - State v. Simmons