State v. . Weinstein’s Empirical Analysis
1944
Citation profile
3 federal appellate · 72 state decisions
How this case has been cited
Cited by 75 later decisions — most recently August 2019 · most notably State v. Hamilton (1965), 40 N.C. App. 72 - State v. Smith (1979)
3 federal appellate · 72 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The applicability of the doctrine of the inference of guilt derived from the recent possession of stolen goods depends upon the circumstance and character of the possession. ‘It applies only when the possession is of a kind which manifests that the stolen goods came to the possessor by his own act or with his undoubted concurrence’ (S. v. Smith, 24 N.C. 406 ), and so re cently and under such circumstances as to give reasonable assurance that such possession could not have been obtained unless the holder was himself the thief. S. v. Baker, 213 N.C. 524 , 196 S.E. 829 ; S. v. Ford, 175 N.C. 797 , 95 S.E. 154 ; S. v. Graves, 72 N.C. 482 . If the circumstances are such as to exclude the intervening agency of others between the theft and the recent possession of stolen goods, then such recent possession may afford presumptive evidence that the person in possession is the thief. S. v. Patterson, 78 N.C. 470 ; S. v. Lippard, 183 N.C. 786 , 111 S.E. 722 ; S. v. McFalls, 221 N.C. 22 , 18 S.E. 2d 700 . The presumption, however, is one of fact only and is to be considered by the jury merely as an evidential fact along with other evidence in determining the defendant’s guilt, S. v. Baker, supra.””
1 later decision quote this exact passagee.g. State v. Foster“[t]he applicability of the doctrine of the inference of guilt derived from the recent possession of stolen goods depends upon the circumstance and character of the possession.”
1 later decision quote this exact passagee.g. State v. McDaniel“It is generally held that evidence as to size, weight, quantity and value from experienced witnesses who base their opinions upon personal observation is admissible.”
1 later decision quote this exact passage
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.