State v. . Ellis’s Empirical Analysis

Citation profile

4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A prima facie showing carries the issue to the jury and is sufficient to warrant, but does not compel, a conviction. S. v. Russell, supra ( 164 N.C. 482 ); S. v. Barrett, supra ( 138 N.C. 630 ); Speas v. Bank , 188 N.C. 524 , 125 S.E. 398 . It is only when the prima facie case of the statute is adminiculated by circumstances which point unerringly to the defendant's guilt, and perforce require his conviction, if believed, that a peremptory instruction is permissible. 5 Wigmore on Evidence, sec. 2495. It was on this theory that the instructions were upheld in S. v. Langley , 209 N.C. 178 , and S. v. Rose , 200 N.C. 342 , 156 S.E. 916 .”

   1 later decision quote this exact passage
   e.g. State v. . Epps

2. “The trial court may not direct a verdict for the prosecution in a criminal action when there is no admission or presumption calling for explanation or reply on the part of the defendant.”

   1 later decision quote this exact passage
   e.g. State v. . Dickens