State v. Francis’s Empirical Analysis

Citation profile

35 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(2) It is erroneous in that the court failed to charge the jury with respect to the use of such force as was necessary or apparently necessary to protect the defendant from death or great bodily harm. The plea of self-defense rests upon necessity, real or apparent.””

   4 later decisions quote this exact passage
   e.g. State v. Jennings · 3 N.C. App. 426 - State v. Hardee

2. ““Now, a killing would be excused entirely on the grounds of self-defense, if: First, it appeared to the defendant and he believed it to be necessary to shoot Mitchell in order to save himself from death or great bodily harm, and, second, the circumstances as they appeared to the defendant at the time were sufficient to create such a belief in the mind of a person of ordinary-:firmness. It is for you the jury to determine the reasonableness of the defendant’s belief from the circumstances as "they appeared to him at the time.” (Emphasis added.)”

   2 later decisions quote this exact passage
   e.g. 44 N.C. App. 72 - State v. Alston · State v. Jennings

3. ““ . . . ‘Now, in determining the degree of force a person may use you will have to take into consideration all the surrounding circumstances. Generally speaking, gentlemen of the jury, a person can’t fight somebody with a pistol who is making what is called a simple assault on him, that is an assault in which no weapon is being used, such as a deadly weapon or a knife or a pistol. That would render human life too cheap. It is better for a man to be the loser in a fist fight than to cut or shoot somebody. So, in determining the degree of force one may use, the law permits a person to use such force as is reasonably necessary to protect himself, and he can even go to the extent of taking human life where it is necessary to save himself from death or great bodily harm, but if he uses more force than is reasonably necessary he is answerable to the law.’ ” Id. at 58-59 , 112 S.E. 2d at 757 . (Emphasis supplied.)”

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