State v. Alston’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant assigns as error that the trial judge submitted to the jury, and instructed thereon, the issue of first degree murder. The jury actually found defendant guilty of only second degree murder. ‘Where defendant is convicted of murder in the second degree, any error in the instructions of the court relating to murder in the first degree cannot be held prejudicial in the absence of a showing that the verdict of second degree murder was thereby affected.’ 4 Strong, N.C. Index 2d, Homicide, § 32, p. 261. There is no such showing in this case. ‘Also, a verdict of guilty of murder in the second degree renders immaterial the court’s refusal to direct a verdict of not guilty to the capital charge.’ 4 Strong, N.C. Index 2d, supra. See also State v. Sallie, 13 N.C. App. 499 , 186 S.E. 2d 667 .””

   1 later decision quote this exact passage
   e.g. 39 N.C. App. 11 - State v. Smith