State v. Cole’s Empirical Analysis
1955
Citation profile
56 state decisions
How this case has been cited
Cited by 56 later decisions — most recently December 1997 · most notably State v. Robbins (1987), State v. Harris (1976)
56 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 Salley v. Fayetteville Coca-Cola Bottling Co. · State v. Gordon · State v. . Carroll · State v. . Harvey · State v. . Miller
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The judgment entered is stricken and the cause remanded for proper judgment. In remanding the cause for the stated purpose, we observe that, while there is allegation and evidence that defendant had been adjudged guilty of violating G.S. § 20-138 on a prior occasion, this feature was in no way submitted to or passed on by the jury. Hence, the verdict cannot be regarded as a conviction of a second offense within the meaning of G.S. § 20-179. It is well established that `where a statute prescribes a higher penalty in case of repeated convictions for similar offenses, an indictment for a subsequent offense must allege facts showing that the offense charged is a second or subsequent crime within the contemplation of the statute in order to subject the accused to the higher penalty.' State v. Miller, 237 N.C. 427 , 75 S.E.2d 242, 243 , and cases cited. `Whether there was a former conviction or not was for the jury, not for the court.' Clark, J. (later C. J.), in State v. Davidson, 124 N.C. 839 , 32 S.E. 957, 958 ; G.S. § 15-147.”
1 later decision quote this exact passagee.g. State v. Courtney
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.