176 N.C. App. 538 - State v. Lopez’s Empirical Analysis
2006
Citation profile
8
cited by 8 later decisions
1
states following
June 2015
most recently cited
8 state decisions
Relationships
Relies on State v. Barnes · State v. Matias · State v. Boone · State v. Sumpter · State v. Parker
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A person is presumed to intend the natural consequences of his act. Hence, ordinarily, where a specific intent is not an element of the crime, proof of the commission of the unlawful act is sufficient to support a verdict. It follows that the State made out a prima facie case when it offered testimony tending to show that [the contraband was present in] the automobile then in the possession of and being operated by defendants. Nothing else appearing, it would not be necessary for the court, in the absence of a prayer, to make reference in its charge to guilty knowledge or intent. Scienter is presumed. "The presumption, however, is not conclusive; it is evidence only so far as to prove a prima facie case in respect to the intent."”
1 later decision quote this exact passage · from the majority“For you to find the defendant guilty of this offense the State must prove two things beyond a reasonable doubt: First, that the defendant knowingly possessed [heroin], A person possesses [heroin] if he is aware of its presence and has ... both the power and intent to control the disposition or use of that substance.”
1 later decision quote this exact passage · from the majority“the proper instruction to be given when a defendant contests lack of knowledge as to the true identity of what he possessed is: . . . `First, that the defendant knowingly possessed [cocaine] and the defendant knew that what he possessed was [cocaine].'”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.