158 N.C. App. 187 - State v. Mangum’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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Where the only evidence of the defendant's intent to commit a felony in the building or dwelling was the fact that the defendant broke and entered a building or dwelling containing personal property, the appellate courts ... have consistently and correctly held that the trial judge must submit the lesser included offense of misdemeanor breaking and entering to the jury as a possible verdict.... However, where there is some additional evidence of the defendant's intent to commit the felony ... and there is no evidence that the defendant broke and entered for some other reason, then the trial court does not err by failing to submit the lesser included offense of misdemeanor breaking and entering to the jury as a possible verdict.”

   2 later decisions quote this exact passage · from the majority
   e.g. 242 N.C. App. 384 - State v. Davis · State v. Ervin

2. “Asportation of a rape victim is sufficient to support a charge of kidnapping if the defendant could have perpetrated the offense when he first threatened the victim, and instead, took the victim to a more secluded area to prevent others from witnessing or hindering the rape.”

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

3. “to commit larceny, but did not take anything, calls for a jury instruction of misdemeanor breaking or entering. Here, the evidence does not support instructing the jury on the lesser-included offense of misdemeanor breaking or entering. This is not a case”

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