202 N.C. App. 524 - State v. White’s Empirical Analysis
2010
Citation profile
12
cited by 12 later decisions
1
states following
September 2018
most recently cited
12 state decisions
Relationships
Relies on State v. Freeman · State v. Westbrooks · State v. Brinson · State v. Silas · 154 N.C. App. 332 - State v. Moses
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Allegations beyond the essential elements of the crime sought to be charged are irrelevant and may be treated as surplusage.'”
3 later decisions quote this exact passage · from the majority“[a] criminal bill of indictment is sufficient if it expresses the charge against the defendant in a plain, intelligible, and explicit manner. Specifically, the indictment must allege all of the essential elements of the crime sought to be charged. North Carolina General Statutes, section 15A-923(e) provides that a bill of indictment may not be amended. This provision has been interpreted to mean that a bill of indictment may not be amended in a manner that substantially alters the charged offense. A non-essential variance is not fatal to the charged offense, and any averment unnecessary to charge the offense may be disregarded as inconsequential surplusage. Therefore, allegations added to, deleted from, or modified in an indictment beyond the essential elements of the crime sought to be charged are irrelevant and may be treated as surplusage.”
1 later decision quote this exact passagee.g. State v. Watson
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.