2 N.C. App. 312 - Blakeney v. State’s Empirical Analysis
1968
Citation profile
6
cited by 6 later decisions
1
states following
September 2004
most recently cited
6 state decisions
Relationships
Relies on State v. Beal · State v. Brown · State v. Smith · State v. Nichols · State v. Banks
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.
““Defendant moves this Court to quash the bill of indictment and in arrest of judgment. The bill follows the language of the statute and charges the operation of a motor vehicle ‘while under the influence of intoxicating liquor, opiates or narcotic drugs.’ The defendant insists that the use of the disjunctive ‘or’ instead of the conjunctive ‘and’ which might have been used renders his conviction void for uncertainty. Had the bill used the conjunctive word, no question could have been raised as to the sufficiency of the bill. The defendant could have required separate counts, one charging operation of a motor vehicle while under the influence of intoxicating liquor, the other charging the operation while under the influence of narcotics. By going to trial without making a motion to quash, he waived any duplicity which might exist in the bill. S. v. Smith, 240 N.C. 99 , 81 S.E. 2d 263 ; S. v. Puckett, 211 N.C. 66 , 189 S.E. 183 ; S. v. Burnett, 142 N.C. 577 ; S. v. Hart, 116 N.C. 976 ; S. v. Mundy, 182 N.C. 907 , 110 S.E. 93 ; S. v. Beal, 199 N.C. 278 , 154 S.E. 604 .””
1 later decision quote this exact passage“Evidence of a breaking when available is relevant, but the absence of such evidence is not a fatal defect of proof to support a conviction of breaking and entering under G.S. 14-54 where there is proof of entry. Nor is proof of entry where there is proof of breaking necessary to support a conviction on a charge of breaking and entering under the statute.”
1 later decision quote this exact passagee.g. State v. Stafford
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.