State v. . Little’s Empirical Analysis

Citation profile

72 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““During the course of his argument to the jury the Solicitor argued that the defendants had not put up any evidence to show that they were not present in North Carolina at Forest City on the night that Matheny Motor Company was robbed and that their mothers and fathers and brothers and sisters were not here in court to show where they were on that night and that none of their families were here to show that they were not in Forest City on that night. Defendants Objected to this course of arguments as prejudicial and improper because no subpoenaes had been issued for anyone and there was no evidence that any of these men had families or fathers and mothers living. “The court overruled the objection of the defendants and during the argument the Solicitor also stated in the presence of the jury that he had not said a word about the defendants not going on the witness stand themselves. To the ruling of the court in overruling their obj ection to the argument the defendants, in apt time, excepted.””

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

2. ““ [I] t is manifest that the statements of facts that if the defendant be convicted there would be an appeal to the Supreme Court, and that in the event the decision of the lower court should be affirmed there would be an appeal to the Governor to commute the sentence of the prisoner, and that not more than sixty per cent of prisoners convicted of capital offenses were ever executed, are matters not included in the evidence. Nor are they justified as being in answer to argument of counsel for defendant. They are calculated to unduly prejudice the defendant in the defense of the charge against him. ‘Who can say,’ as counsel for defendant ask, ‘to what extent the jury was influenced by the solicitor’s statement that the prisoner, in the event his appeal did not obtain a new trial, that he still had a forty per cent chance to have his sentence commuted?’ We hold the remarks to be error, — and such error as called for correction by the presiding judge. [Citations omitted.]””

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

3. “. . . [I]n all first degree cases where men were convicted there would be an appeal to the Supreme Court, and that in this case, if this defendant were convicted there would be an appeal to the Supreme Court, and that in the event the decision of the lower court should be affirmed, there would be an appeal to the Governor to commute the sentence of the prisoner; and that not more than sixty per cent of prisoners convicted of capital offenses were ever executed.”

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