State v. . Gardner’s Empirical Analysis

Citation profile

94 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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The accuracy of a photograph must be shown by extrinsic evidence that the photograph is a true representation of the scene, object or person it purports to portray. 20 Am. Jur., Evidence, Sec. 730; S. v. Mitchem, 188 N.C. 608 , 125 S.E. 190 ; Pearson v. Luther, 212 N.C. 412 , 193 S.E. 739 . 32 C.J.S., Evidence, Sec. 715. Wigmore on Evidence, 3rd Ed., Vol. 3, Sec. 793. The correctness of such representation may be established by any witness who is familiar with the scene, object, or person portrayed, or is competent to speak from personal observation. It is not necessary to prove this fact by the photographer who took the photograph. Bane v. R. R., 171 N.C. 328 , 88 S.E., 477 ; White v. Hines, 182 N.C., 275 , 109 S.E., 31 ; S. v. Matthews, 191 N.C., 378 , 131 S.E., 743 ; S. v. Stanley, supra. Whether there is sufficient evidence of' the correctness of a photograph to render it competent to be used by a witness for the purpose of illustrating or explaining his testimony is a preliminary question of fact for the trial judge.” State v. Gardner, 228 N.C. 567 , 46 S.E. 2d 824 . Also in State v. Matthews, supra, we find the following statement: “Whether or not there is sufficient evidence of the correctness of a photograph to render it competent to be used by a witness for the purpose of illustrating or explaining his testimony is a preliminary question of fact for the judge.””

   1 later decision quote this exact passage
   e.g. 2 N.C. App. 553 - Smith v. Dean

2. ““The correctness of such representation may be established by any witness who is familiar with the scene, object, or person portrayed, or is competent to speak from personal observation. . . . Whether there is sufficient evidence of the correctness of a photograph to render it competent to be used by a witness for the purpose of illustrating or explaining his testimony is a preliminary question of fact for the trial judge.””

   1 later decision quote this exact passage
   e.g. 157 N.C. App. 681 - Horne v. Vassey

3. “If a photograph is relevant and material, the fact that it is gory or gruesome, and thus may tend to arouse prejudice, will not alone render it inadmissible.”

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