State v. Blacksmith’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the provisions of G. S. 1949, 62-615, any person accused of felony may be assisted by counsel at a preliminary examination, but there is no statute requiring the appointment of counsel, and, in the absence of such a statute, an accused has no constitutional right to counsel at such an examination. “The city court of Coffeyville has the same criminal jurisdiction as justices of the peace have in this state. (G. S. 1961 Supp., 20-1603.) “A justice of the peace who sits as an examining magistrate at a preliminary examination of an accused who is charged with the commission of a felony, has no jurisdiction to arraign the accused or to accept a plea of guilty on said charge, and, where the transcript of the examination discloses such a purported arraignment of the accused and his plea of guilty to said charge, it is a nullity and should be disregarded. “Any alleged ‘irregularity’ pertaining to a preliminary examination is deemed to have been waived where a defendant enters a voluntary plea of guilty in the district court.” (Syl. ¶¶ 1 through 4.)”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Talbert