State v. Burgess’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘All who are present at the place of a crime and are either aiding, abetting, assisting, or advising in its commission, or are present for such purpose to the knowledge of the actual perpetrator, are principals and equally guilty. (Citations.) An aider and abettor is one who advises, coun- seis, procures, or encourages another to commit a crime. (Citations.) To render one who does not actually participate in the commission of a crime guilty of the offense committed, there must be some evidence tending to show that he, by word or deed, gave active encouragement to the perpetrator of the crime or by his conduct made it known to such perpetrator that he was standing by to lend assistance when and if it should become necessary. (Citations.)’ State v. Ham, 238 N.C. 94, 97 , 76 S.E. 2d 346, 348 ; State v. Burgess, 245 N.C. 304, 309 , 96 S.E. 2d 54, 58 ; State v. Horner, 248 N.C. 342, 350 , 103 S.E. 2d 694, 700 ; State v. Hargett, 255 N.C. 412, 415 , 121 S.E. 2d 589, 592; State v. Gaines, 260 N.C. 228, 231 , 132 S.E. 2d 485, 487 .””

   3 later decisions quote this exact passage
   e.g. State v. Aycoth · State v. Swaney

2. ““In 22 C.J.S., Criminal Law, section 79, page 143, it is said: ‘A person is a party to an offense if he either actually commits the offense or does some act which forms a part thereof, or if he assists in the actual commission of the offense or of any act which forms part thereof, or directly or indirectly counsels or procures any person to commit the offense or to do any act forming a part thereof. To constitute one a party to an offense it has been held to be essential that he be concerned in its commission in some affirmative manner, as by actual commission of the crime or by aiding and abetting in its commission and it has been regarded as a general proposition that no one can be properly convicted of a crime to the commission of which he has never expressly or impliedly given his assent.’ ””

   3 later decisions quote this exact passage
   e.g. State v. Spears · State v. Keller

3. ““An aider and abettor is one who advises, counsels, procures, or encourages another to commit a crime, whether personally present or not at the time and place of the commission of the offense.””

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