State v. . Law’s Empirical Analysis

Citation profile

51 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The question for decision is whether there is a fatal variance between the indictment and the proof. Stare decisis would seem to require an affirmative answer. “Conceding that the automobile in question, even if originally the property of one of the defendants, was the subject of larceny while in the custody of the officer who had seized it under authority of law, still it does not follow that its ownership was properly laid in the City of Winston-Salem. The City had no property right in it, special or otherwise. Only the officer who seized the property was authorized to hold it, take and approve bond for its return ‘to the custody of said officer,’ and to hold it subject to the orders of the court. G.S., 18-6. A conviction under the present bill would not perforce protect the defendants against another prosecution with the right to the property laid in the seizing officer or in the custody of the law. S. v. Bell, 65 N.C. 313 . The City of Winston-Salem, no doubt, owns a number of automobiles, such as would fit the description in the bill, but none of these was stolen. ‘The object of an indictment is to inform the prisoner with what he is charged, as well to enable him to make his defense as to protect him from another prosecution for the same criminal act.’ S. v. Carlson, 171 N.C. 818 , 89 S.E. 30 . “Usually a fatal variance results, in larceny cases, where title to the property is laid in one person and the proof shows it to be in another. S. v. Jenkins, 78 N.C. 478 . ‘In ”

   3 later decisions quote this exact passage
   e.g. State v. Hall · State v. Stinson