State v. . Fain’s Empirical Analysis
1948
Citation profile
23 state decisions
How this case has been cited
Cited by 25 later decisions — most recently March 1979 · most notably State v. Ardrey (1950), Chambers Ex Rel. Chambers v. Allen (1951)
23 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. . Dunning · State v. . Miller · State v. . Finch · State v. Jenkins
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An officer, in making an arrest or preventing an escape, either in case of felony or misdemeanor, may meet force with force, sufficient to overcome it, even to the taking of life if necessary. State v. Dunning, 177 N. C. 559 , 98 S.E. 530 , 3 A.L.R. 1166 . And he is not required, under such circumstances, to afford the accused equal opportunities with him in the struggle. He is rightfully the aggressor and he may use such force as is necessary to overcome any resistance. * * "If the offender put the life of the officer in jeopardy, the latter may se defendendo slay him; but he must be careful not to use any greater force than is reasonably and apparently necessary under the circumstances, for necessity * * * is the ground upon which the law permits the taking of life in such cases.”
1 later decision quote this exact passagee.g. State v. Brannon“If the offender put the life of the officer in jeopardy, the latter may se defendendo slay him; but he must be careful not to use any greater force than is reasonably and apparently necessary under the circumstances, for necessity * * * is the ground upon which the law permits the taking of life in such cases.”
1 later decision quote this exact passagee.g. State v. Brannon
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.