162 N.C. App. 682 - State v. Drew’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In State v. Daniels, 87 N.C. App. 287 , 360 S.E.2d 470 (1987), as here, the defendant argued that the trial court erred in submitting involuntary manslaughter as a possible verdict when the defendant had stabbed the victim. In Daniels , the defendant, who was in a fight with the victim, “stuck at him, trying to get him away from [her]”, but “she did not intend to either stab or hurt [the victim.]” The Court also observed that the defendant had claimed, in her statements, that she did not mean to hurt the victim. This Court held that “[e]vidence indicating that [the victim’s] death was caused by defendant inadvertently stabbing him in the chest while not attempting or intending to do so clearly meets [the] requirement” that the killing was the result of an act done in a culpable or criminally negligent way. The evidence in this case is comparable. There were no eyewitnesses to the actual stabbing; the sole evidence of what occurred in the bathroom is found in defendant’s statements to the Sheriff’s Department. From those statements, a jury could find that defendant, who had been told that no one was in the house, was surprised in the bathroom by a man whom he did not immediately recognize; that the intruder lunged or swung at him; that he immediately swung back holding the knife; and that he ran away out of fear. The jury could also find, based on defendant’s statements and the testimony of the officers, that defendant did not know that he had stabbed [the victim] and that he ”

   1 later decision quote this exact passage
   e.g. 211 N.C. App. 497 - State v. DeBiase