226 N.C. App. 147 - State v. Seelig’s Empirical Analysis

Citation profile

7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant named above unlawfully, willfully and feloniously did steal, take and carry away a flatscreen television, ... [and] two gold earrings, the personal property of April Faison, such property having a value of $1,210.00, pursuant to a violation of Section 14-54 of the General Statutes of North Carolina.”

   2 later decisions quote this exact passage
   e.g. State v. Maier · 254 N.C. App. 463 - State v. Bacon

2. “"[A]n indictment 'must allege lucidly and accurately all the essential elements of the offense endeavored to be charged.' " In order to be fatal, a variance must relate to "an essential element of the offense." Alternately, "[w]hen an averment in an indictment is not necessary in charging the offense, it will be 'deemed to be surplusage.' "”

   1 later decision quote this exact passage
   e.g. 254 N.C. App. 463 - State v. Bacon

3. “'the evidence in a criminal case must correspond to the material allegations of the indictment, and where the evidence tends to show the commission of an offense not charged in the indictment, there is a fatal variance between the allegations and the proof requiring dismissal.'”

   1 later decision quote this exact passage
   e.g. 254 N.C. App. 463 - State v. Bacon