177 N.C. App. 710 - State v. Farmer’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(b) (3) A defendant in a criminal case may not assign as error the insufficiency of the evidence to prove the crime charged unless he moves to dismiss the action ... at trial. If a defendant makes such a motion after the State has presented all its evidence and .. . the defendant then introduces evidence, his motion for dismissal... made at the close of State’s evidence is waived. Such a waiver precludes the defendant from urging the denial of such motion as a ground for appeal. A defendant may make a motion to dismiss the action or judgment as in case of nonsuit at the conclusion of all the evidence [.] . . . However, if a defendant fails to move to dismiss the action or for judgment as in case of nonsuit at the close of all the evidence, he may not challenge on appeal the sufficiency of the evidence to prove the crime charged.”

   2 later decisions quote this exact passage
   e.g. 193 N.C. App. 754 - State v. Tallent · 187 N.C. App. 472 - State v. Brunson

2. “Defendant failed to preserve for appellate review his assignment of error regarding the sufficiency of the evidence by failing to renew his motion to dismiss after offering evidence.”

   1 later decision quote this exact passage
   e.g. 193 N.C. App. 754 - State v. Tallent