State v. Rainey’s Empirical Analysis
1953
Citation profile
49 state decisions
How this case has been cited
Cited by 49 later decisions — most recently November 2017 · most notably State v. Turner (1966), Perkins v. Langdon (1953)
49 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. Beal · State v. Bridgers · State v. Troy McNeill. · Call v. Stroud · State v. . Jordan
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The defendant also assigns error in respect to the portion of the charge dealing with the failure of the defendant to take the stand and testify in her own behalf. As to this, the court charged the jury as follows: “ ‘The defendant, lady and gentlemen, did not go upon the stand and did not offer evidence. This was her prerogative. She has a right to rely upon what she conceives to be the weakness of the State’s evidence, and by her plea of not guilty challenges both the truthfulness and sufficiency of the testimony.’ “It may be conceded that this instruction was incomplete and erroneous for failure 'of the court to go further and tell the jury that the failure of the defendant to testify ‘shall not create any presumption against’ her. G.S. 8-54. S. v. McNeill, 229 N.C. 377 , 49 S.E. 2d 733 . And this is so, even though the instruction relates to a subordinate feature of the case on which failure to instruct ordinarily will not be held for error unless a request for instructions be made (S. v. Jordan, 216 N.C. 356 , 5 S.E. 2d 156 ), for the reason that the court having elected to charge on this phase of the case, i.e., failure of the defendant to testify, it then became its duty to charge fully and completely on this circumstance. See S. v. Bridgets, 233 N.C. 577 , 64 S.E. 2d 867 . “However, verdicts and judgments are not to be set aside for mere error and no more. To accomplish this result it must be made to appear not only that the ruling complained of is erroneous, but als”
3 later decisions quote this exact passagee.g. State v. Paige · State v. Turner
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.