State v. . Hawley’s Empirical Analysis

Citation profile

48 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The State does not ask for the conviction of a defendant except upon the facts and the law, stripped of all extraneous matter, — the naked facts,' said Walker, J., in S. v. Davenport, 156 N.C., 596 , 72 S.E., 7 . To find the facts is the-sole province and responsibility of the jury. Moreover, what consequences the verdict on the facts may bring to defendant is of no concern to the jury. Hence, the remarks here tend to disconcert the jury in fairly and freely deliberating upon the facts and in arriving at a just and true verdict. “Moreover, here as in the Little case it is doubted that the harmful effect of the remarks of the solicitor in appealing for a verdict of murder in the first degree could- have been removed from the minds of the jury by full instruction of the trial judge. In S. v. Noland, 85 N.C., 576 , speaking of a gross abuse of privilege by counsel, Ruffin, J., said: ‘After its commission, under the circumstances, it admitted of no cure by anything that could be said in the charge/ See also Holly v. Holly, 94 N.C., 96 . “But the contention was made in the Little case, as it is here, that exception to the improper remarks not taken before verdict is not seasonable. Under the facts there as-here the rule is inapplicable. “Ordinarily it is the duty of counsel to make timely objection so that the judge may correct the transgression by instructing the jury. S. v. Suggs, 89 N.C., 527 . And,, ordinarily, the failure to object before verdict is held to-constitute waiv”

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

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