162 N.C. App. 695 - State v. Jackson’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) there was a breaking or entering by the defendant; (2) without consent; (3) into a motor vehicle; (4) containing goods, wares, freight, or anything of value; and (5) with the intent to commit any felony or larceny therein.”

   3 later decisions quote this exact passage
   e.g. 208 N.C. App. 388 - State v. Clark · 248 N.C. App. 698 - State v. Covington

2. “In [prior decisions], the trivial effects found in the vehicle which were sufficient to go to the jury on the fourth element were effects not inherently a part of the functioning vehicle. The one common feature of the items mentioned in these cases was that they were akin to the cargo of the vehicle: “goods, wares, freight, or anything of value.” See N.C. Gen. Stat. § 14-56 . Adopting the State’s reading of N.C. Gen. Stat. § 14-56 , and specifically the fourth element of that offense, [to include accouterments of a vehicle’s interior] would render that ele ment redundant and superfluous. . . . The statute clearly requires that the larceny element of the breaking and entering pertain to objects within the vehicle, separate and distinct from the functioning vehicle.”

   1 later decision quote this exact passage
   e.g. 217 N.C. App. 634 - State v. McDowell

3. “[T]he seriousness of the present charge against the defendant; defendant’s temperament and character; his age and physical attributes; his past record; past escapes or attempted escapes, and evidence of a present plan to escape; threats to harm others or cause a disturbance; self-destructive tendencies; the risk of mob violence or of attempted revenge by others; the possibility of rescue by other offenders still at large; the size and mood of the audience; the nature and physical security of the courtroom; and the adequacy and availability of alternative remedies.”

   1 later decision quote this exact passage
   e.g. 218 N.C. App. 42 - State v. Lee