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← 226 N.C. 523 - State v. . Grimes

State v. . Grimes’s Empirical Analysis

1946

Citation profile

12
cited by 12 later decisions
1
states following
January 1979
most recently cited

12 state decisions

How this case has been cited

Cited by 12 later decisions — most recently January 1979

12 state decisions

601946195019601970decided

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

  1. “Here, the verdict pronounces the defendant guilty of an assault on a female, simpliciter. No deadly weapon was used and no serious damage was done. Whether the permissible punishment is restricted, or in the discretion of the court, depends upon the age and sex of the defendant. These must appear in order to support a judgment as for an aggravated assault. State v. Smith, 157 N.C. 578 , 72 S.E. 853 . * * * Generally, in charges of assault or assault and battery with varying degrees of aggravation, the jury may convict of the assault or assault and battery and acquit, in whole or in part, of the circumstances of aggravation. [Citing authority.] Questions of jurisdiction and limitation of punishment are dependent upon the offense charged and the plea of the defendant or the finding of the jury. [Citing authority.] To this general rule, however, there seems to be at least one exception. When a `man or boy over 18 years old' commits an assault or assault and battery on `any female person', even though no deadly weapon be used and no serious damage is done, the case is regarded as a general misdemeanor and the punishment is in the discretion of the court. [Citing authority.] Hence, to take the case out of the general rule and place it in the exception, the jury should determine in its verdict, specifically or by reference to the charge, the circumstances of aggravation which make the offense a general misdemeanor.”
    1 later decision quote this exact passage · from the majority
  2. “in all these cases the bills were for more serious offenses or more aggravated assaults.”
    1 later decision quote this exact passage · from the majority
  3. “in the absence of a finding as to the defendant's age,”
    1 later decision quote this exact passage · from the majority

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.